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.
This Business Day cartoon sums up the election rather well. Maybe local government officials and politicians of both the DA and the ANC will now begin to treat people with dignity and respect. Maybe they have learnt from the toilet scandals that one cannot only tell people what they want and what is best for them, but that one must also listen to what they say and take their needs seriously. One lives in hope – despite evidence to the contrary.
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