Such traditions that are culturally embedded in the white, male, Afrikaans culture and history, which are the basis of the Nagligte traditions, do not foster inclusion of other groups that must now form the new majority of the SU student body. Wilgenhoffers do not seem to appreciate the negative impact of their culture and rituals on the personal rights of certain individuals. This is because they elevate belonging to the Wilgenhof group above the rights of the individual.
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.
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