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 problem, white former players tell us, is that our team is not chosen on merit. They are right. Racial bias does hobble our cricketing progress. But the problem is not the measures designed to give black players a chance. It is prejudice that assumes, instinctively, that competence is something whites have and blacks must prove they have.
Those who doubt that South African team selection is still heavily influenced by this prejudice need to consider these questions: Why was Makhaya Ntini, the third-highest international wickettaker in our history, dropped for our first World Cup match played on a pitch which suited his bowling?