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.
Floyd Shivambu told Parliament that the only income he earned in 2017 was his salary as a member of the National Assembly. No shares, no directorships, no consulting fees, no sponsorships, no land, no pension — no benefits at all. But a series of cryptic SMSes and WhatsApp messages between Shivambu and high-profile businessman Lawrence Mulaudzi paint a different picture. The messages, seen by amaBhungane, show that the deputy president of the EFF twice asked Mulaudzi for an “intervention” — clearly code for cash — including one to be paid into the account number of Grand Azania, a company controlled by Shivambu’s brother Brian. The messages suggest that in exchange Shivambu may have used his position as the EFF’s second-in-command to secure meetings and potential business deals for Mulaudzi.BACK TO TOP