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.
Against the narrative of the police using force only as a last resort, however, a growing body of evidence suggests that rather than being an act of self-defence, the killings were part of a premeditated plan to stop the strike. Interviews with miners point to the police using barbed wire to ‘kettle’ the strikers, who were then hunted down and shot as they attempted to escape from police gunfire and teargas, while wounded survivors were run over by armoured vehicles. Additionally, allegations have emerged which suggest that the autopsies of the dead prove that most were killed while fleeing. There is also recent evidence, found by The Daily Maverick, that 14 of the miners may have been murdered by police 300 metres away from the main site of the clashes at close range and with little sign of struggle. Furthermore, evidence of systematic police torture against detained strikers in the last week hardly portrays the SAPS as an institution which only uses violence as a last resort. – Christopher McMichael at Think Africa PressBACK TO TOP