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.
Quotas and targets for redress are necessary. But, because they are so politically useful, securing as they do the compliance and loyalty of elites and the middle class to the ANC, it is easy to be blinded to the negative consequences for the poor. A clear case of a good quota that will have positive long term outcomes is UCTs admission criteria, which is succeeding in producing more black and women graduates who will service society well in the coming decades. But the negative consequences of misapplied quotas and targets are also with us. – Jack Lewis at GroundUpBACK TO TOP