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.
Composition of the Constitutional Court in the first and second terms of 2015
Justice Chris Jafta is on long leave from 1 November 2014 to 31 March 2015. In addition, Justices Ray Zondo and Johann van der Westhuizen are on long leave from 1 February to 31 May 2015. The vacancy created by the retirement of Justice Thembile Skweyiya has not yet been filled.
In the stead of the judges on leave, and as against the current vacancy, Justice Zukisa Tshiqi and Justice Leona Theron of the Supreme Court of Appeal have been appointed as Acting Justices of the Constitutional Court until 31 May 2015. In addition, Judge‑President Mahube Betty Molemela, of the Free State High Court, has been appointed for the first two terms of 2015, until 31 May 2015. Deputy Judge-President Achmat Jappie, of the KwaZulu-Natal High Court, has been appointed for the first term of 2015, until 31 March 2015.BACK TO TOP