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.
I am extatic to read that Manto Tshabalala-Msimang has been moved from her post as Minister of Health and replaced with the excellent Barbara Hogan. Now if only Mbeki did this about 8 years ago. Maybe he could still have had a job. Pity Manto was not “redeployed” as ambassador to Tjikitjikistan….BACK TO TOP