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.
This morning in the Business Day there is a very interesting article by Eusebius McKaiser, touching on some of the same kind of issues tentatively raised on this blog last week about race, racial essentialism and the like. He bemoans the fact that members of the so called black middle class are criticised for not having a bigger social conscience. Money quote:
But the critique of the black middle class does not stem from these humanist considerations. It is an argument that is explicitly couched in race terms, as if the white middle class is incapable of being moved by mostly black poverty. And therein lies the problem with this attack on the black middle class. It betrays deep-seated race essentialism that is overlaid with latent racism.
The argument is essentialist in that it effectively demands that every member of the black middle class accept special moral duties towards other black people solely by virtue of the fact that they both have black skins. But how, and why, does one’s membership of a group generate duties in respect of that group?
I think we should talk more about race and race essentialism because it remains the elephant in the room in almost any interaction and discussion. This article is an interesting and provocative step in that direction.BACK TO TOP