Quote of the week
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.
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
“These queer gardens: a South African story” (with Jaco Barnard-Naude) vol. 46 (2014) Acta Academica 134-150.
Queer Gardens
“Disturbing heteronormativity: the ‘queer’ jurisprudence of justice Albie Sachs” (with Jaco Barnard-Naude) South African Public Law (2010) 209-234
Distrubing heteronormativity
Jaco Barnard-Naudé – A response to Prof Kader Asmal
A response to Prof Asmal’s view on the reparations case Jaco Barnard-Naudé Prof Kader Asmal’s erudite opinion (avaliable here) on why the […]
Jaco Barnard-Naudé: Reparations for big business collusion with apartheid overdue
Angry appeals show true colours of business Published in Business Day on 13 January 2009 JACO BARNARD-NAUDÉ THE apartheid reparation […]
Reasoned criticism of courts holds the judiciary accountable, questioning the integrity of judges does not
South African courts are likely to hand down several politically significant judgments in 2020. This will include cases involving Public […]
Apartheid mentalities and the transformation of legal culture
By Jaco Barnard-Naudé The controversy sparked by attorney Richard Spoor’s recent remarks which boils down to ‘I basically only brief […]
Statement by members of UCT Faculty of Law on the use of violence by SAPS
Statement by the Faculty of Law on the use of violence by SAPS 23 October 2015 The Faculty of Law […]
Some platitudes on returning to South Africa
I arrived back yesterday after almost three weeks in Eastern Europe, where I remained blissfully unaware of the media-reported (and […]
Announcing a guest blogger for the next two weeks
I am flying off to Eastern Europe this afternoon and will only be back on 4 July. I am embarking […]
24 January in Cape Town: SA, Germany and the living Constitution
The Consulate General of the Federal Republic of Germany would like to draw the attention of the Cape Town legal […]