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)
6 March 2013

The reactions to Xingwana’s utterance (eg it is “an extreme verbal attack on the integrity of Afrikaners” and “a sign of religious intolerance”) suggest that Afrikaner men and religious doctrine are both above criticism. Given the widely promoted predilection for forgetting, we have forgotten that a particular interpretation of Calvinism underpinned the Christian nationalism that drove the project of apartheid. Moreover, as theologian Christina Landman has written, “local Calvinism was as sexist as it was racist” (see an excerpt from the article here). This local form of Calvinism, which still grips gender relations in Afrikaner families, dictates that “part of the salvation of the soul was the subordination of the female body to male rule, both in intimate spaces and the church”, as Landman finds. This explains resurgent collaborations between Afrikaner women and men to reinstall “the Afrikaner man” as “king and priest” of the household, as currently promoted in congregations such as Moreleta Park Dutch Reformed Church. While Xingwana is condemned, the same critics fall over their feet to defend white Afrikaner men — the group that benefited most from apartheid. Their manoeuvres dovetail nicely with Time’s efforts at deflecting culpability in the Pistorius case away from masculinity and onto blackness. Thus it is ensured that the hard questions are shut out: the questions about an entitled, damaged and damaging masculinity that seeks to claw back power through violence. – Christi van der Westhuizen on Thought Leader

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