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.
What is it with us looking for a saviour to rise from these streets? In the recent months it has been Cyril Ramaphosa who will save the ANC from itself and us all from Zuma’s government. And if that fails we have the National Development Plan that will fix everything. Like Ramphela and Ramaphosa, the National Development Plan is great. It might be my own pessimism, but in my opinion these are, all three, not (powerfully) shapers of historical outcomes … they are effects, not causes. The NDP is just a piece of paper, an adequate diagnosis and a bundle of good intentions. Ramaphosa is embedded in something much more powerful, and scarier, than he will ever be. Ramphela is a single person with no established political constituency, no party machinery and a reputation for humiliating her senior managers in public (… aside from all those good things I mentioned earlier). Sure, we can hope that she will sweep the ANC’s patronage networks aside and replace it with a meritocracy pure as the driven snow. But I wouldn’t hold my breath. – Nic BorainBACK TO TOP