Quote of the week

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.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
14 August 2007

Con Court life a drag?

Some people are speculating that the members of the Constitutional Court have recently drifted to the right, but it seems as if the Clerks who assist the learned judges with their research and contribute significantly to the intellectual debates at the Court are less inhibited.

I got hold of the invite below to a party organised by some of the Clerks at the Court. The party was organised in response to the practice in Umlazi, where woman are being forbidden (and in one case stripped naked) from wearing trousers and also in response to the recent murders of lesbian women in Soweto and elsewhere.

Pity some of the (male) judges are not attending as well. Wearing a dress might just help some of the male judges to embrace their (as yet underdeveloped) empathetic side.

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