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.
Readers of this Blog have been arguing about being an “African” and referred to President Thabo Mbeki’s very famous and moving speech he made in the late 1990’s called “I am an African”. I post it here also for those who yearn for the days when we could all be so proud of our President, before HIV/AIDS, “no crisis” Zimbabwe, the “ultra left”, Vusi Pikoli and Jackie Selebi, sullied his reputation. Those were the days when our President gave me tears in my eyes for all the right reasons.BACK TO TOP