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.
Yet there has been very little reflection on the weaknesses of investigative journalism as it’s currently practiced. All too often, investigative journalism tends to focus on elite (mis)conduct, failing to recognise that the power dynamics at grassroots level should constitute the stuff of investigative journalism too. Investigative stories are often confined to the major urban areas. Many journalists have been overly reliant on a narrow range of sources, especially leaks and tip-offs from disgruntled political figures, to break stories. Many of these stories are passed for investigative journalism, but in fact are not. Leaks and tip off-driven journalism can make journalists lazy, discouraging proactive investigation and making them susceptible to manipulation by hidden political agendas. At a deeper level, it can reinforce the tendency for news agendas to be set on a top-down basis. – Jane Duncan at SACSISBACK TO TOP