Quote of the week

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.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
13 December 2006

Media neglect Constitutional Court

The Constitutional Court is the highest body of the third branch of government, but one would be hard-pressed to know this if one read some of our newspapers. The papers who obsessively report on the various government ministers, their trips abroad and their every irrelevant cliched utterance, seem to be a bit allergic to the work of the Court.

Yesterday the CC handed down judgment in an important case about refugee rights. The Business Day does report on this case but I find no mention of it in either Die Burger or the Cape Times. Maybe the less parochial papers in Johannesburg carried it?

Perhaps because the work done by the court is less sensational and not prone to the master narratives of corruption and incompetence associated with the legislature or executive, papers do not report on the work of the Court properly. It won’t sell newspapers. But how can we make informed choices about politics if we do not know what the third branch of government is doing?

I will blog tomorrow on my take of the latest decision.

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