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.
The President explained that he deferred taking the action directed in the SARS Report because its lawfulness was being challenged and the question of whether he can take disciplinary action, absent an employment relationship, is yet to be decided. This was the correct approach by the President as it is in line with the decision in EFF I. The President has undertaken to act as directed, should the SARS Report withstand judicial review. The interim interdict serves an important purpose – it suspends the binding effect of the Public Protector’s remedial action until finalisation of the review proceedings. This is not an act that undermines the Public Protector. Rather, it preserves the interdict-applicant’s rights while showing due respect to the binding powers of the Public Protector.BACK TO TOP