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’s also meant making some serious compromises. A few days ago, the EFF paid the necessary fealty to King Goodwill Zwelithini on the happy occasion of his own birthday. The King is hardly the friend you want if you’re trying to portray your party as committed to ethnically inclusive, forward-thinking progressivism. But he is power around these parts, and standing alongside him as he celebrates his eleventy-thousandth birthday is good politics.BACK TO TOP