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.
Only 35% of South African respondents said they preferred democracy and rejected all three types of authoritarianism. To put it in perspective, Afrobarometer provided a list of polled countries. South Africa comes 27th in its public support for democracy, just below Burkina Faso and Liberia. The average support across the 35 countries was 43% (meaning, according to the survey at least, that less than half of the citizens in the countries polled are committed to democracy). Mauritius topped the chart at 74%, followed by Senegal at 66%. In the 2011-13 survey, 42% of South Africans were found to be committed to democracy.BACK TO TOP