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.
Apartheid-era sleaze, especially during the sanctions period, ushered in a series of financial crimes of Bon Jovi ballad proportions. That billions were stolen have never been much of a secret, but nailing downright villains has always been a challenge. The uncynical view is that former finance minister Trevor Manuel and his advisors were under the impression that chasing the missing cash would destroy the delicate green shoots of the post-apartheid economy – a decision that, like so many back in those days, dispensed with justice in favour of “stability”. The more cynical view is that the ANC cut a deal with the apartheid scum, one that traded cover-ups on pre-changeover crimes for help on perpetrating post-changeover heists.BACK TO TOP