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 will be taking a two week break from blogging from today. I will be leaving for France for a two week holiday and decided that unless something earth shattering happens while I am on holiday, I would rather not publish hastily written pieces just to provide content for the Blog. Thanks to all the loyal readers and feisty participants for keeping me on my toes over the past several years. I will be back in two weeks, hopefully rejuvenated and inspired. As we say in Afrikaans: “Dis totsiens, maar nie vaarwel.”BACK TO TOP