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.
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)
(Not) talking about race in South Africa
Eusebius McKaiser has an excellent piece in the Business Day this morning in which he argues that we need to talk about race, rather than avoid talking about it. Money Quote:
[We] have an irrational fear of race discourse that must be abandoned. White South Africans, in particular, fear that mere talk about “black” and “white” implies that we cannot relate to each other as individuals. This fear is understandable. But it is also hasty.
What is beautiful about human relations is the natural curiosity we have to explore the shades of differences between ourselves — appearances, personalities, intelligence, ideologies, etc. The value pluralism on which our liberal democracy is based stems explicitly from an acceptance that differences need not be divisive.
The eruption of violence in Skielik speaks to the fact that when we let differences fester like a wound we would rather not attend to, we could lose part of our national body — like the four innocent citizens of Skielik.
