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.
“Sihamba noMsholozi, Sihamba noPresident (We are going with Msholozi, we are going with the president)”, Cosatu delegates sang on the closing day of their 11th national congress. The song indicated that the delegates supported Jacob Zuma’s (Msholozi is his clan name) bid for a second term as ANC leader at the ruling party’s national conference in Mangaung in December. Then, later on Thursday, they bestowed the “worst employer” award to Aurora Empowerment Systems, whose directors include Khulubuse Zuma, the president’s nephew, for breaking “every record in terms of dodging responsibility” and “starving workers”. It was one of many bizarre contractions of the four-day Cosatu congress, which the federation’s re-elected president Sdumo Dlamini opened on Monday. – Ranjeni Munusamy on Daily MaverickBACK TO TOP