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.
CASAC Media Statement
24 October 2011
President Zuma acts on corruption
The Council for the Advancement of the South African Constitution (CASAC) applauds President Zuma’s dismissal of Gwen Mahlangu Nkabinde and Sicelo Shiceka from Cabinet. We believe that the President has acted appropriately in responding to the reports of the Public Protector regarding the misdemeanours by these two former Ministers.
We also welcome the immediate suspension of the National Police Commissioner, Bheki Cele, and the appointment of a Board of Inquiry in terms of the South African Police Service Act to investigate his role in the leasing of premises for the SA Police Service.
We note the composition of the commission of enquiry under Judge Willie Seriti to conduct the investigation into matters relating to the arms deal. We await the announcement of the terms of reference for that enquiry and trust that these will allow for a comprehensive investigation.
CASAC has consistently called for a zero tolerance approach to corruption and unethical conduct, and urges all South Africans to “Red Card Corruption”. We will continue to lobby for the strengthening of our anti-corruption arsenal by establishing a truly independent anti-corruption agency that will be adequately resourced to fight corruption on all fronts.
Lawson Naidoo – 073 158 5736
Masutane Modjadji – 076 937 0825BACK TO TOP