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 almost pathological need to place white people at the center of the national narrative about the future is a blind spot for many well-meaning white people. For too many of our white compatriots, the South African story is built around the fate of white people. This inability to see the future without insisting that the photo frame includes white images represents a strange sort of race-consciousness for a group that often professes not to care about race. The stories that count are their stories even though it is widely accepted at an intellectual level that for South Africa to thrive socially and economically, it is black people who will need to make significant progress.BACK TO TOP