Quote of the week

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.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
5 February 2019

On Brazil

Meanwhile, by refusing to engage in the traditional do ut des of Brazil’s pork barrel politics, and purging the government of its most blatantly compromised ministers, Dilma was antagonising forces in Congress on which her majority in the legislature depended, for whom corruption was a condition of existence. After close-grained analysis of the fractions of capital, Singer situates these tensions in a striking overview of the longue durée of the party structure in Brazil, from the postwar period to the present… Singer dubs this last ‘the party of the interior’, an amoeba-like force with no distinct ideological identity, slithering in whichever direction temporary power and emoluments, democratic or undemocratic, lay. Twenty years later, after the military stepped down, this trio essentially reappeared in the shape of the PSDB, the PT and PMDB. Neither of the first two could govern without the parasitic assistance of the third, with its wide-flung capillary network of local office-holders and nearly continuous control of the powerful presidency of the Senate. Any hint of republicanism was anathema to it.

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest