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.
It is striking, in the postcolonial era, how little the modern African university has to do with African institutions. It draws its inspiration from the colonial period and takes as its model the discipline based, gated community that maintained a distinction between clearly defined groups: administrators, academics and fee-paying students. The origins of this arrangement lay in 19th-century Berlin, and Humboldt University, founded in 1810 in the aftermath of Napoleon’s conquest of Prussia. The African university makes its appearance later in the 19th century. At the southern end of the continent, colleges were started from scratch – Stellenbosch, Cape Town, Witwatersrand. In the north, existing institutions such as al-Azhar in Cairo, a centre of Islamic scholarship, were ‘modernised’ and new disciplines introduced.BACK TO TOP