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 just received the following message from the Treatment Action Campaign:
The Treatment Action Campaign congratulates Justice Edwin Cameron on his appointment to the Constitutional Court.
Justice Edwin Cameron has been appointed to the Constitutional Court of South Africa by President Kgalema Mothlanthe. Edwin Cameron has been described as the best legal mind of his generation. His career as an anti-apartheid lawyer opposed forced removals, military conscription, unfair labour practices and censorship. Cameron was one of the first judges appointed by President Nelson Mandela and has built a substantive jurisprudence on equality, rights to social security, freedom of expression and the rights of rape survivors.
Justice Edwin Cameron is a gay man who lives openly with HIV/AIDS. His appointment to the highest court in our country is an affirmation of the Bill of Rights, the rule of law and non-racialism.
Justice Cameron replaces Justice Tholekile Madala whose term ended this year and has retired.
A good appointment. Four appointments to go. Thabo Mbeki must not be happy because Justice Cameron has been one of the first to speak out forcefully and bravely against his views on HIV/AIDS. And our first opennly gay man on the highest court. What a nice Christmas present.BACK TO TOP