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.
On the other end of the scale, the recent launch of Freedom Fridays by LeadSA – a fairly socially conservative campaign led by media outlets to encourage South Africans to be better citizens (whatever they may mean by that) – and the Department of Arts and Culture exhorts South Africans to wear something every Friday that symbolises their love for the country. Both Braai Day and Freedom Day are problematic. Whatever the good intentions of its founders, Braai Day transforms Heritage Day into yet another opportunity for supermarkets to make quite a lot of money (in much the same way that Women’s Day has become another version of Mothers’ Day). And Freedom Friday promotes an unthinking patriotism, which ignores South Africa’s far-from-uncomplicated political and social trajectory post-1994. The fact that it was launched six months before a general election can’t be harmful either. Indeed, both elide South Africa’s deeply conflicted past: for all their enthusiasm for “heritage”, there’s very little history in how these two initiatives explore and redefine what it is to be South African. – Sarah Emily Duff on Heritage Day at SlipnetBACK TO TOP