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 attended the meeting in Parlaiment this morning between an Ad Hoc Committee of Parliament and the leaders of the various Chapter 9 Institutions. The Committee has been tasked by Parliament to review these instituions and this morning’s meeting saw the start of his process. I have been asked to act as Constitutional adviser to the Committee. In his speech Kader Asmal explained the approach that will be taken:
It is important to note that the Committee will undertake its work within the boundaries of this constitutional framework. This requires the Commission to proceed with sensitivity and with honest respect for the independence and impartiality of the various institutions under review. At the same time the Committee has a Constitutional oversight duty and cannot afford to be timid or hesitant about the carrying out of this important task. The Committee is of the view that chapter 9 institutions have a pivotal role to play in the strengthening of our democracy. The Committee is also of the view that a non-partisan Ad Hoc committee of Parliament is uniquely positioned to review the work of these institutions.
In his off the cuff remarks he was a bit less polite, referring to the reports churned out by some of these institutions at a cost of more than half a million Rand and then the report is filled with pictures of the staff. A Commissioner from the Commission for Gender Equality – which have been beset with problems and have not really gained much credibility over the years – complianed that the Commission was not given enough money to do its work properly. While the commisioner said this I was wondering how many of the members of the Committee had a cynical moment and wondered whether more money would really fix the problem.BACK TO TOP