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.
In January, senior SARS officials up to level seven were ordered by SARS commissioner Tom Moyane to re-apply for their jobs. Seasoned staff with years of experience and international training and with formidable successes under their belts were flown to Pretoria where they were re-interviewed and assessed by audit, consulting, corporate finance, tax services and risk advisory firm, Deloitte. In August, many of those interviewed learned their fates. As National Projects is to be disbanded, says a SARS insider, the type of in-depth national investigation the unit was capable of conducting will no longer occur, leaving a massive gap that organised criminals as well as unscrupulous individuals are bound to exploit.BACK TO TOP