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.
For some strange reason or another Heritage Day (which we celebrate tomorrow) has turned into national braai day. Maybe it is because South Africans often do not remember the same past and find it difficult to imagine a shared heritage. Some sing that song while others dream of life in England (or, these days, Perth).
Maybe one day, when more white South Africans become capable of imagining the lives and histories of their fellow South Africans who happen not to be white, we will be able to begin to imagine a shared heritage. But this will only happen when more white South Africans realise that their assumption that the world they inhabit is the only legitimate world, that the world they take for granted is the norm to which others must adopt, and that their views and culture are normative and natural, are quite problematic.
In any case, I though the cartoon by Jeremy Nel in The New Age today was quite funny. Happy Heritage Day.BACK TO TOP