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.
[What happens if the ANC wins the vote of no confidence against President Jacob Zuma] by a substantial majority, with only a handful of ANC MPs voting with the opposition. Supposedly this would be a massive victory for the ruling party, yet it will fly in the face of not just the parliamentary opposition, but a massive body of popular opinion throughout the country. The ANC would have voted to keep a deeply corrupt president in power, with probable long term disastrous electoral consequences. Any internal ANC “reform” project will be more likely to fail.BACK TO TOP