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.
I refer to [an] incident, when years ago, together with some friends, I used a ‘Europeans only’ lift. A white woman, who also wanted to use the lift, told us to read the sign. We responded by saying that ‘we do not mind sharing a lift with Europeans’ and that she was welcome to join us’. Of course, she must have been horrified at the attitude of us ‘non-Europeans’ and chose not to take the lift. But, we asserted our dignity, and made our point.BACK TO TOP