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.
According to Red October, white South Africans are an ‘Ethnic Minority’ who are experiencing ‘inhumane Slaughter and Oppression’ (yes, the caps are in the original). In phrasing that could be lifted directly from the liberation years, the ‘people of South Africa’ will ‘no longer be silent’. ‘Other minority groups’ (one wonders which ones) will join ‘in a show of solidarity’ against the government’s failure to enforce our ‘rights’ and provide all citizens with a ‘free, fair and safe country’. Not only that, but they’ve exhumed poor Edmund Burke’s aphorism about evil flourishing while good men do nothing, a somewhat ironic choice for a demographic that spent the worst years of the struggle braaiing by its pools and inspecting its maids for signs of communism. – Nicky Falkof in a column on Daily Maverick on the disturbing “Red October” campaign.BACK TO TOP