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 five judges of the Supreme Court of Appeal must feel rather embarrased this morning after Judge Hilary Squires informed us all that he never said that there was a generally corrupt relationship between Schabir Shaik and Jacob Zuma. But they would not be the first judges to make technical mistakes in a judgment and will definitely not be the last.
It is therefore absurd for Cosatu to call for the impeachment of the five judges involved. Nothing much turns on the use of this phrase and for the SCA judges to have used it, is at most a personal embarrasment for them.
Cosatu’s call is highly irresponsible. Because of the perceived short term political gain, they are castinga spersions on five judges of the highest court in non-constitutional matters. It is inevitable that their silly call will be beleived by some – especially Jacob Zuma supporters and this will undermine the legitimacy of the judiciary.
IT seems to suggest that Cosatu will do anything – even destroying the constitutional system – in order to get Zuma elected president. Once a principles and progressive organisation, they are becoming handmaidens of corruption.BACK TO TOP