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.
If Jacob Zuma is elected President of South Africa sometime next year, some of us will probably bemoan the fact that the voters had entrusted a man facing very serious criminal charges (carrying a 15 year compulsory jail term) with the most important job in the country. The Afro-pessimists will mutter that “only in Africa” this kind of thing can happen.
But that would, of course, be rubbish. After all, Sylvio Berlusconi was re-elected prime Minister of Italy despite his various legal troubles. Even more interesting, I note that it now seems likely (though incredible), that septuple felon Ted Stevens has in fact won his Alaska Senate race against Democrat Mark Begich., Stevens had already been convicted, yet it seems as if he will be re-elected to the US Senate.
This does not make a Zuma Presidency admirable or wise and neither does it validate the outragous decision by the ANC NEC to back Zuma for the Presidency regardless of what happens with his court case. However, it does place it in perspective. After all, although Schabir Shaik has already been convicted of corrupting Zuma, Zuma has not been convicted of any crime – unlike Stevens.
It places South African voters on par with the voters of Alaska – who has elected Sarah Palin as its Governor. This does not flatter South African (or Alaskan) voters, but neither does it signal the end of the world either. Potential or real crooks seem to populate politics all over the world….
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