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 am reliably told that the ANC will announce in the next hour or two that President Thabo Mbeki will resign as President of the country. If this is correct, the big question then is what happens to the Deputy President and his cabinet and who will act as President until a new President is elected.
The Times reports this morning that Baleka Mbete will take over as acting President, but as I read the Constitution this is not possible unless the entire cabinet resigns as well. Even then the Speaker can only act as President until the National Assembly designates another of its members as acting President. The reason for this is that the separation of powers between the legislature and the executive makes it unwise for the Speaker of Parliament to head the national executive and only requires this as a last resort for as short a period as possible.
The SABC plans a live broadcast to carry this announcment. We will then hear what wil happen next and what the position of the cabinet is in all of this.BACK TO TOP