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.
Perhaps one could also assume that the debate on affirmative action and employment equity inside the DA has now been resolved. When a black politician from outside the DA is promoted over the heads of the party’s leader, the party chairman and the parliamentary leader, we are witnessing the application of affirmative action with a vengeance. What recommends Ms Ramphele above all else is her contribution to the liberation struggle. With the exception of Joe Seremane, none of the DA’s long-standing black members made any such contribution. – Pallo Jordan in Business DayBACK TO TOP