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 hope you all had a great freedom day and took a moment to cherish the wonder of living in a free country in which the human dignity of all are protected by the Constitution. If we want to honour our freedom (and here comes the sermon – always thought I should have been a dominee or priest) every one of us need to respect the dignity of everyone in the country.
It is so easy to judge someone for how he or she looks, what political party that person supports, what gender he or she is, or whether the person speaks Afrikaans, Xhosa, Zulu or Shangaan. That is why this video tears me up every time I watch it. It challenges our prejudices and reminds us that we are all deserving of respect because we all have an inherent self worth. Respect.
BACK TO TOP