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.
It was a kangaroo court … that’s why I withdrew. I knew they had the big guns there waiting to fire so I limited myself in getting into the debate. I have an international reputation to protect. The debate jumped on the bandwagon of free intellectual debate as part of UCT’s centenary celebrations, but it was actually a kangaroo court . I knew it had one goal – to expose me and shut me up. There had been that demeaning and unprofessional letter to the Cape Times from my colleagues at Groote Schuur [Hospital], so I knew there was a body of opinion out there looking for my blood…. whenever I was criticised, they clapped. That’s when I said, OK, I’m cutting my losses and not saying anything more. I can read an audience. The moment I said something, it didn’t matter whether I was right or wrong, I could see the hostility was rising. I decided the audience was not mature enough, so I’m out of here.’BACK TO TOP