As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
Government press conferences, mining executives, and newspaper articles have now spent several days wringing hands over the “senseless” and “regrettable” and “preventable” loss of life, counseling that we should await the cataloguing of facts before rushing to judgment. Witness the new politics of grief. In the aftermath of state violence, it has become routine for those in power to greet such events with somber invocation of “tragedy” and sympathy for the families of the dead—rather than, of course, solidarity with the assassinated. Counterfeit mourning serves to deflect the demands for justice and accountability, as if a miners strike and police repression were natural disasters or vengeful acts of some incomprehensible god. It attempts to rob these deaths of any political meaning. – Jon Soske on “Marikana and the New Politics of GriefBACK TO TOP