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.
The Science Daily reports on new research about the estimated amount of lives lost because of the delay in implementing a comprehensive antiretroviral programme in South Africa. It compares the situation in South Africa to that in neighbouring countries and come to the following conclusion:
More than 330,000 lives were lost to HIV/AIDS in South Africa from 2000 and 2005 because a feasible and timely antiretroviral (ARV) treatment program was not implemented, assert researchers from the Harvard School of Public Health (HSPH) in a study published online by the Journal of Acquired Immune Deficiency Syndromes.
In addition, an estimated 35,000 babies were born with HIV during that same period in the country because a feasible mother-to-child transmission prophylaxis program using nevirapine (an anti-AIDS drug) was not implemented, the authors write.
Wonder what Manto Tshabalala-Msimang and Thabo Mbeki would say about this study….BACK TO TOP