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.
It is not unusual for powerful political entrepreneurs to launch self-serving, acerbic attacks on the black middle class for daring to comment unfavourably about the ruling elite. It is also common for the same politicians to launch racially charged attacks on so-called white capital while accepting back-handers in the form of lucrative business opportunities from the same purported enemy. They use their proximity to power in the ruling party and the state as a lever to gain access to these opportunities, while fooling the public into believing they are in a war on behalf of the poorer classes. In short, the convergence point of political, business and social interest of the elite is nothing more than a marketplace in which influences get traded for personal gain under the guise of social consensus. This situation is unsustainable and needs to change if this country is to achieve the level of the cohesion required to make great strides in social, scientific and economic development. – Zongezo Zibi in Business DayBACK TO TOP