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 would be foolish for anyone to think that in an authoritarian secret system like apartheid during the 1980s there wasn’t extensive corruption during the height of the sanctions period. Our over-reliance on such single sources of information underscores the need for this country to reckon with its past and not leave the dirty work to outsiders.BACK TO TOP