[T]he moral point of the matter is never reached by calling what happened by the name of ‘genocide’ or by counting the many millions of victims: extermination of whole peoples had happened before in antiquity, as well as in modern colonization. It is reached only when we realize this happened within the frame of a legal order and that the cornerstone of this ‘new law’ consisted of the command ‘Thou shall kill,’ not thy enemy but innocent people who were not even potentially dangerous, and not for any reason of necessity but, on the contrary, even against all military and other utilitarian calculations. … And these deeds were not committed by outlaws, monsters, or raving sadists, but by the most respected members of respectable society.
I have been rather critical of the Supreme Court of Appeal (SCA) in the past and have argued that it has not always embraced the values of the Constitution and the changes the advent of the new Constitution requires in our legal culture. But in recent years the SCA has improved and I was therefore surprised by the ANC resolution to downgrade this court.
Here is my take on this matter published in the Mail & Guardian on Friday.
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