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.
Open letter and statement on Janet Love
As constitutional lawyers, legal academics, human rights and social justice activists who have worked with Janet Love while she has been the National Director of the Legal Resources Centre (LRC), we are surprised and dismayed by Premier Helen Zille’s implication that she will not act independently of narrow party politics in her capacity as a human rights commissioner.
During the last five years, Janet Love has been the National Director of the LRC. In the face of a gradual decrease of grant funding for human rights work, she has fought to secure its survival. Despite competition from the private sector and the LRC’s inability to pay competitive salaries, she has succeeded in attracting talented lawyers to continue the LRC’s long tradition of human rights litigation and advocacy.
Under the leadership of Janet Love, the LRC has fought fearlessly for the rights of the poor and powerless, without favour to the ANC or any other political party. During this period, the LRC has for example undertaken the following litigation and advocacy:
That record speaks for itself. It shows that Janet Love has not hesitated to promote human rights by litigating against and criticising government at all levels, whichever party is in power.
We are therefore concerned that Ms Zille has criticised the SA Human Rights Commission in a manner which does a grave injustice to someone who has repeatedly demonstrated her commitment to human rights in South Africa. In the process, she has also undermined the LRC, which is one of South Africa’s oldest and most widely respected human rights organisations.
1. Adv Geoff Budlender SC
2. Adv Richard Moultrie
8. Professor Halton Cheadle
9. Bishop Paul Verryn
11.Professor Jonathan Klaaren
12.Professor Hugh Corder
13.Professor Pierre de Vos
14.Adv Nasreen Rajab-Budlender
16.Jacob van Garderen
17.Adv Steven Budlender
18.Adv Stuart Wilson
19.Dr Jackie Dugard
20.Judge Kathie Satchwell
21.Dr Rachel Wynberg
27.Professor Richard Calland
32.Advocate Adila HassimBACK TO TOP