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.
Out of the mire, a banal but chilling proposition starts to emerge – that we decide on the innocence or guilt of a plaintiff according to whether we like them or not. Legality, our conviction in the rights and wrongs of the matter, trails our desires (whether the reverse would be preferable is not clear). Whenever I read biographies of Plath, I always have the suspicion that someone or other is being criminalised simply for being who they were.BACK TO TOP