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 am in Mthatha with a delegation led by Archbishop Thabo Makgoba, visiting various rural schools to draw attention to the inequalities in our education system and highlight the need for the formulation of detailed and precise norms and standards setting out, at the very least, the minimum conditions in which children will be able to learn with dignity.
I will write a more reflective piece when I get time. Meanwhile I post a few pictures taken yesterday.
At Putuma Junior Secondary School more than hundred children cram into one classroom. The school is known for its choir which won the national championship last year. This is a picture of one children in grade 9.
At Sea View Secondary School only 13% of matrics passed last year. These unfinished classrooms are being built by the community. Students waiting for fellow class mates to complete their lesson in the classroom they share, hang out in these unfinished classrooms.