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 took part in a debate with Paul Ngobeni this morning on SAFM about whether Judge President John Hlophe should be appointed to the Constitutional Court. My dear friend Paul said in his opening remarks that I had written on this Blog that I “hate” Hlophe. I was rather taken aback by this as I have never written on this Blog (or anywhere else, for that matter) that I hate anyone. Ngobeni was, in fact, telling a scurrilous lie. What I actually said was EXACTLY the opposite, and I quote:
Really, it deeply angers me that those who are charged by the Constitution to uphold the Constitution and the law could steep so low. They should be ashamed of themselves. This does not make me a person who hates the Judge President (or his lawyers). It does make me a person who is very, very angry with the Judge President. It makes me a person who is beginning to wonder whether the Judge President has the requisite moral compass required to continue serving as a judge in our beautiful democracy – regardless any finding of the JSC in the CC case against him.
Mr Ngobeni has shown a propsensity to distort both facts and the law to suit his purpose and this morning was no exception. If I was Hlophe I would feel ashamed to be associated with such blatant dishonesty. As Judge Hlophe himself has been caught telling lies, I suppose it is par for the course though.BACK TO TOP