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.
Just received the following press release from the Presidency:
Statement on the resignation of members of Cabinet and Deputy Ministers
President Thabo Mbeki has, to date, received letters of resignation from the following members of Cabinet which, regretfully, he has had to accept:
1. Deputy President
2. Minister of Defence
3. Minister of Finance
4. Minister in the Presidency, Dr. Essop Pahad
5. Minister of Intelligence
6. Minister of Correctional Services
7. Minister of Public Enterprises
8. Minister of Science and Technology
9. Minister of Public Works
10. Minister of Provincial and Local Government
11. Minister of Public Service and Administration
The following Deputy Ministers have also tendered their resignations:
1. Deputy Minister of Foreign Affairs, Mr. Aziz Pahad
2. Deputy Minister of Finance and
3. Deputy Minister of Correctional Services
The resignations will be effective from the day that the President’s resignation takes effect. All the Ministers have expressed their availability to assist the incoming administration in the hand-over process and any other assistance that might be sought from them. President Mbeki thanked the Deputy President, the Ministers and the Deputy Ministers for their dedicated service to the nation and wished them well in their future endeavours.
This means a third of the cabinet is gone. The new President will now have to appoint new ministers from among the members of the National Assembly and will have to do so sooner rather than later.
For me these resignation suggests that the new ANC leadership has some serious problems on its hands. While they specifically requested Ministers to stay on, elevn have now decided to resign. This suggests that the unity of which Gwede Mantashe spoke on Saturday is a long way off. I cannot but wonder whether this might not suggest that there are some truth to the rumours about discussions among some cabinet Ministers to form a new political party.
Whatever happens, Gwede Mantashe and Jacob Zuma must be rather upset by these new developments as it creates the impression of an ANC leadership not in control of its members.BACK TO TOP