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.
It gives one a nice warm feeling to know that Nelson Mandela is celebrating his 90th birthday today. His humility, humour, sense of forgiveness and the fact that he does not act like a saint but like a real human being stands out.
I was wondering though: what about all those other guys who were on Robben Island with Mandela, who have died or are now forgotten. Don’t they get a bit irritated that the chattering classes make such a fuss about Mandela while they do not warrant a mention?
Mandela is a remarkable man and we are an incredible lucky country to have such a leader. But many others also sacrificed to make freedom possible. We should not forget them.BACK TO TOP