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.
So often I am asked—as all black writers are asked—how their message might be packaged to appeal to those who have no appetite for what we are saying. The interlocutor is usually a person of good faith, who is in agreement, but the question is always a trap. Any writer who takes as their starting place any doubt as to their own humanity, or the humanity of their subject, has already lost…. For black writers, this is a formula for never evolving, for writing the same thing over and over. For black writers the danger is having their work devolve into workshop on racial sensitivity.BACK TO TOP