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.
A fascinating article in the Business Day today analyses some of the policy proposals for reorganising the ANC. It argues that these proposals are not aimed at “clipping Mbeki’s wings” as the Sunday Times has reported but rather to do the opposite:
Instead, it seems to imply that the ANC must make it possible for Mbeki’s inner circle in the state presidency to continue to rule SA after 2009. If this interpretation is correct, the document signals one of the most audacious factional drives for power in the history of the modern ANC.
The genius of the paper is that it endorses familiar leftist criticisms of Mbeki’s first decade in power. Too much power has been vested in one man. The movement’s presidency has usurped powers rightfully belonging to its secretary-general. Government ministers have become distant from the people. The ANC has lost the capacity to make policy and to monitor its implementation.
The remedy for a decade of centralisation in President Thabo Mbeki’s conjoined state and ANC presidencies, the document suggests, is the creation of two centres of power. Rather than being subordinated to the state, the ANC must become more than its match. Indeed, the “integration” between state and party “should be based on the principle that the ANC is the ultimate strategic centre of power”.
The article concludes that the notion that Mbeki should remain ANC president, more or less in perpetuity, seems to be gaining ground. So too does the idea that the control by his inner circle of government policy and appointments must be sustained after 2009. It would be fascinating to hear what Mbeki’s people say about this article. Be sure that Vavi and company is circulating it to all as I write.BACK TO TOP