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)
29 April 2019

On corruption

Perhaps Ramaphosas gamble is that a strengthened and autonomous criminal justice system will provide the coercion to keep political allies honest. The problem with this, though, is that it implies an indiscriminate policing of corruption, one that does not avoid figures who are necessary to the stabilisation of the dominant coalition. Prosecution of such figures may be satisfying to all who oppose corruption – but it poses the distinct threat of destabilising a potentially stabilising coalition, and providing the pretext for anti-Ramaphosa mobilisation. It is not at all clear that this circle can be squared. Hence the far greater likelihood that the dominant coalition remains unstable and subject to frequent challenge, paralysis and fracturing, accompanied by violence and attempts to subvert the criminal justice system. It is not impossible that such a dynamic produces a split in the ANC.

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