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.
Unsurprisingly‚ the nation pins its hopes on [the President] to steer the country in the right direction and accelerate our journey towards a peaceful‚ just and prosperous destination‚ that all other progress-driven nations strive towards on a daily basis. He is a constitutional being by design‚ a national pathfinder‚ the quintessential commander-in-chief of State affairs and the personification of this nation’s constitutional project…. An order will thus be made that the President’s failure to comply with the remedial action taken against him by the Public Protector is inconsistent with his obligations to uphold, defend and respect the Constitution as the supreme law of the Republic.BACK TO TOP