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.
COMPLAINT: WESTERN CAPE COMMUNICATIONS CONTRACT
The ANC in the Western Cape requests you to investigate the Department of the Premier, the role of the premier (directly or indirectly through her discressionary appointed advisers / staff in her personal office) and the involvement of all other officials of the Provincial Government, together with two companies in the unauthorized appointment of one called Yardstick without following prior due process, no clear terms of reference or procurement approval process and the after the fact expansion of tender FMA 0027 to TBWA\ Hunt Lascaris and all other matters pertaining to this multimillion Rand contract. This process stretches from year 2010 to 2011.
We believe that the process undertook by the Provincial Government was flawed every step of the way and in breach of various regulations and other control measures, including, but not restricted to:
These and others problems pointed out (also mentioned in a Provincial Treasury evaluation) require your office to immediately pay attention to the Provincial Government of the Western Cape as these are substantively serious.
If needed, we are available to expand on our request for an urgent investigation into this abuse of power, maladministration, improper dealings with respect to public money and random decisions taken by this government.
With kind regards,
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