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.
A chilling eye witness account about Zanu-PF “electioneering” published in the London Times:
Last weekend we had a big pungwe – a political indoctrination meeting – on the farm. It was after Mugabe had come to our little town of Chegutu, southwest of Harare, and addressed the crowd with threats of “war”. A pungwe starts when the shadows lengthen and the sun goes down and darkness falls over the land. It does not stop till after the sun has risen again. All our workers had to go, as well as all their wives with babies and any children over the age of 12. Some of them didn’t go; so the mob sent little bands of chanting youth militia with sticks to fetch the absentees, drag them out of their houses and beat them for non-attendance.
Through the night we heard the chanting and the slogans and the re-education speeches ringing out into the cold darkness for hour after hour after hour. On and on it went, striking fear into my heart. I got up and paced around in the cold night, listening.
When the first birds began to sing, I thought: “How can these birds sing after such a night as this?” Then the birdsong was drowned out. There was a terrible noise like a swarm of bees. I knew the beatings had begun again and I listened helpless, tormented, in fear but praying fervently.
Does one really want to form a government of national unity with such people? Does one have any other choice?BACK TO TOP