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.
[Mbeki’s] broadsides against white racism and his penchant for incarcerating black men are, I think, symptoms of the same dispiritedness. They are the thoughts and actions of an odd and unheralded figure — the black Afro-pessimist.
When one looks at institutions such as our police force and our health system, when one witnesses their degree of paralysis, one wonders whether one of the maladies from which they are suffering is not the president’s disenchantment and his pessimism. Come 2009, I hope we are blessed with a president who still believes in the art of the possible. For I suspect that the one we have now no longer does.