Quote of the week

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.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
20 February 2013

Under the smooth guidance of state prosecutor Gerrie Nel, the case’s investigating officer Hilton Botha delivered what seemed to be a damning case against Pistorius in the morning session. But when defence advocate Barry Roux began his cross-examination of Hilton, it took very little time for things to fall apart. As a criminal lawyer pointed out to the Daily Maverick, “the skills of the prosecutor mean nothing if the IO [investigating officer] caves in the stand.” After a full grilling from Roux, the police work on the case was made to look sloppy and careless. – Rebecca Davis at Daily Maverick

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