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.
OFFICE OF THE CHIEF JUSTICE
MEDIA STATEMENT ON THE PASSING OF MINISTER ROY PADAYACHIE
8 May 2012
Chief Justice of the Republic of South Africa Chief Justice Mogoeng Mogoeng today expressed his deep sadness at the sudden and untimely passing of Public Service and Administration Minister Roy Padayachie at the weekend.
In paying tribute to Minister Padayachie, Chief Justice Mogoeng said: “Observing from a distance, Minister Padayachie struck me as someone who served our country with laudable gallantry and great distinction. The only official engagement that brought the late Minister and I together, was my request in relation to the composition of the panel that is to interview the Head of the new national Department known as the Office of the Chief Justice. He, in consultation with Justice Minister Jeff Radebe, responded positively and with great speed to our proposal that contrary to the norm, the panel should comprise more members of the Judiciary than of the Executive, in support of the independence of the Judiciary. We will always remember him as someone who was committed to speedy delivery of quality service to our people.”
The Chief Justice added that it was telling that Minister Padayachie passed on while in Ethiopia – doing what he stood for, delivering service not only to the country, but to the African continent as a whole.
“I wish to express a word of deep condolence to his family, friends and colleagues in government. I also wish to convey a special word of gratitude to his family for allowing us to share him with them.
His untimely departure will leave an emptiness that will be hard to fill and we hope his selfless service and contribution to building a united, just and truly free South Africa will be remembered by many generations to come” said Chief Justice Mogoeng.
Director: Media Relations, Private Office of the Chief Justice
Tel: +27 (0) 11 359 7537; Cell:
+27 (0) 76 424 0667; Email: firstname.lastname@example.org