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.
The MRC’s Rapid Mortality Surveillance report shows that life expectancy rose 6% between 2009 and last year, from 56.5 to 60 years, reversing the downward trend that began in the 1990s as the HIV epidemic grew rapidly. Between 2009 and last year the infant mortality rate fell 25%, from 40 deaths per 1,000 live births to 30 per 1,000, and the mortality rate for those under five dropped at the same rate, from 56 per 1,000 to 42 per 1,000 over the same period. These statistics were seized upon by African National Congress secretary-general Gwede Mantashe last week to attack Mr Mbeki after the former president delivered a speech at Fort Hare University criticising South Africa’s political leadership. Mr Mantashe was notably silent about the fact that many senior ANC figures who remain in government today did little or nothing to challenge Mr Mbeki’s HIV/AIDS policies when he was president. – Tamar Kahn in BUsiness DayBACK TO TOP