Quote of the week

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.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
18 February 2008

Serious slap in the face for the SCA

I have been rather critical of the Supreme Court of Appeal (SCA) in the past and have argued that it has not always embraced the values of the Constitution and the changes the advent of the new Constitution requires in our legal culture. But in recent years the SCA has improved and I was therefore surprised by the ANC resolution to downgrade this court.

Here is my take on this matter published in the Mail & Guardian on Friday.

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