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.
As citizens, rich or poor, black or white, we are excluded from the heart of the processes that create all levels of government around us. None of us is more excluded than the migrant Tembu and Pondo miners of places like Marikana. They have literally nothing, for not even the land on which they leave their families behind can ever belong to them, thanks to a disgraceful political bargain made by the ANC with traditional leaders, entrenching the power of chiefs to control the allocation of land in territories under their authority. The decision may have bought the ANC a degree of political support in Transkei for a decade, but it cannot possibly be fair or democratic to make a man or woman incapable of owning (or trading) the land they were born on. Apartheid made the accident of birth a burden for life. The ANC still does the same to people born on tribal lands. – Peter Bruce in Business DayBACK TO TOP