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 suggestion that the chief value that Ramaphosa adds to Lonmin is connectedness to the government will deepen the impression that if you are black and want to make it in business, you had better be politically connected. That makes it a lot more difficult to encourage the rise of black people who have a talent for business rather than politics. Signalling that black people are assets to large companies only if they can open doors to the government also makes it much less likely that our politics will be about public service rather than greed. Much of today’s political jockeying is about access to resources. But, while much of the debate assumes that people are looking for public money through tenders and the like, often the motive is to access private wealth. If the message reaching ambitious black people is that private-sector opportunities are more likely if you are politically connected, it is not surprising that part of the political game becomes how to gain a position that will be attractive to companies. – Steven FriedmanBACK TO TOP