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.
The following graphic by Media24 seems to illustrate, in pictures, what is wrong with our Police Service and with those politicians who use the Police Service to fight their political battles (inside and outside the ANC) or to enrich themselves. It also illustrates why we need a truly independent corruption fighting body that will be able to investigate these kinds of allegations and will be free from political interference by the Police Minister or the President.
Minister Nathi Mthethwa, who mislead the public last week about the use of a secret police fund to pay for a “security fence” around his home and has not yet apologised for misleading us, and President Jacob Zuma, who has been linked to Mdluli but has not made any statements about his reinstatement and the order by his Police Minister to stop an investigation into Mdluli’s alleged corrupt activities, owe citizens an explanation. In the absence of such an explanation all reasonable people will be hard pressed not to conclude that the Minister and the President – if not themselves implicated in this web of alleged corruption – is condoning it for purely short term political purposes.
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