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.
Our judicial processes should not allow further victimisation to occur in the courtroom. Victims of sexual and gender-based violence are often faced with multiple levels of stigma and prejudice at a family and community level. These are further entrenched in police processes and courtroom battles. Those victims who are brave enough to overcome all the doubt and fear to report their cases, face further victimisation by the police. Police officers are generally perceived as being indifferent to the plight of women who are victims of sexual and gender-based violence. These men (and women) are usually the first figures victims encounter in the judicial system, yet many victims relate how unsavoury these encounters were for them.BACK TO TOP