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.
Millions of poor people do want a better life. But that does not mean they will demand changes the fiscus can’t afford — research shows that, because the poor are engaged in a battle for survival, they are pragmatic and aware of the limits to change. Poor people have been on the streets protesting for eight years and the demands that emerge are hardly extravagant. Often protesters simply want politicians to listen. Or they want tarred roads or better housing or that officials leave people to live and trade where they please. The militant voices are not those of the poor but of the organised middle class. The poor are not organised — this is why the grass-roots protests don’t produce detailed demands. Protests are often organised by ambitious local politicians who know people are unhappy but are not interested in bargaining to improve their lives. They are often a symptom of a lack of organisation. – Steven Friedman in Business DayBACK TO TOP