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.
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.BACK TO TOP