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.
And then there was the cabinet reshuffle, which even officials of the ANC felt obliged to publicly disown — the bitter fruit SA has started to reap. All this is in total and arrogant disregard of ANC policies and its electoral interests, let alone the cause of social transformation. These instances demonstrate a divergence between a strange coterie, on the one hand, and the ANC on the other, which is meant to be the strategic centre of power for its members.BACK TO TOP