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.
Constitutional Court of South Africa
A special ceremonial session of the Constitutional Court to mark the retirement of Justice Johann van der Westhuizen, after the completion of his twelve (12) year term on the Court, will take place in the Court on Friday 29 January 2016 at 10am.
The Chief Justice and other Justices of the Constitutional Court, as well as representatives of the Executive, Parliament and the legal profession will participate in this event. It is open to the public and to the media. Available seating may be limited.BACK TO TOP