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.

Khampepe J
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)
8 March 2007

One day they will have full democracy too…

MPs in the British House of Commons yesterday delivered a historic vote in favour of a wholly-elected House of Lords, setting themselves up for a confrontation with peers that could lead to the most radical change to the upper house for 96 years.

It is by far not certain that this plan will actually be implemented, so Britain may still be stuck with an unelected upper house of Parliament for years to come. If Zimbabwe had such a constitutional arrangements, everyone and his aunty would have had a fit. But of course, Britain is seen as “civilised” (why that would be, I cannot tell), so having an unelected house of Parliament is not seen as undemocratic.

A few years ago when the Commons voted to lower the age of consent for same sex sexual activity to bring it in line with heterosexual sex the Lords vetoed the Act, so it is not as if they have no power or never use their power. But then, what does one expect of a country whose leader has been a cheerleader for George W Bush?

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