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.
No one cares about issues of diversity facing black universities. No one cares what happens there and whether or not the throughput rates are increasing, whether or not targets are being met to produce qualified and competent doctors, engineers, scientists, nurses, and the other urgent skills required by our economy. No one asks whether or not the racial balance at the black universities has been met, or whether or not numeracy or academic levels have improved. Why is this debate not in the public realm? Unlike black universities, formerly white universities are under constant scrutiny for racial transformation . Many former white universities with black vice-chancellors have become no-go areas, the fiefdoms of those who stifle free debate and tyrannise those academics who dare to ask questions. Countless disciplinary procedures have been instituted against those who will not “toe the line” , at great legal cost to universities who need those monies for academic programmes. – Rhoda Kadalie in Business DayBACK TO TOP