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.
The State of the Nation address seems less defensive and more self-critical than any that came before. I was struck especially by this quote:
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Certainly, we cannot erase that which is ugly and repulsive and claim the happiness that comes with freedom if communities live in fear, closeted behind walls and barbed wire, ever anxious in their houses, on the streets and on our roads, unable freely to enjoy our public spaces. Obviously, we must continue and further intensify the struggle against crime.
While we have already surpassed that targeted figure of 152 000 police officers employed in the South African Police Service, and while we have improved the training programme, we recognise the fact that the impact of this is not yet high enough for everybody to feel a better sense of safety and security. While we have reduced the incidence of most contact crimes, the annual reduction rate with regard to such categories as robbery, assault and murder is still below the 7-10% that we had targeted. And the abuse of women and children continues at an unacceptable level.