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 like the fact that he is trying to create an alternative intellectual universe in which Thabo Mbeki always makes perfect sense and is really an intellectual hero. When he talks about the ways in which what we see as normal is really situated, he is rather good.
The problem is that he often argues like a little boy. For example he points out that Tony Leon (not his favourite man!) quotes Lord Acton. He then argues that Lord Acton was a dreadful man. Then this must inevitably mean in his book that Leon is also a terrible racist pig. Nee what, this is lazy reasoning of the worst kind.
The book also gives the impression of a rush job. It is not clear whether this is because he knocked it off in the past few months when the sponsors started asking questions about the million Rand they gave for the project or whether it is because he has such a busy mind that he cannot fix on one thing for long enough to actually build a sustained and coherent argument.
In any case, to read Suresh Roberts and then the guidebook makes the colonial mindset of the guidebook jump out at you. White people from Europe invariably ¨discovered¨all the great tourist attracions – as if locals did not live here and actually built the very same attractions. It is deeply irritating and almost puts me off travel.
The guidebook us aklso deeply patronising about local culture and politics. When pointing out some problem with Macchu Picchu they add that the authorities are aware of the problema nd claim to be doing something about it. The guidebook would surelñy not say the Italians are aware of the fact that the tower of Pisa is falling over.