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 read the Observer today as I am in Madrid and have no access to the Sunday Crimes. There is a two page article on the xenophobic attacks in South Africa. As is always the case with these things, the article is a bit simplistic, but the headline was striking: ¨End of the Rainbow Nationa?¨ Money quote:
BACK TO TOP
An astounding lack of political delivery surrounds the South African crisis. Neither Mbeki nor his likely successor, Jacob Zuma, have altered their diaries in the past week to visit the displaced or speak to the nation. Instead, ministers, police chiefs and senior civil servants have put their energy into a two-pronged exercise of denial, aimed at proving that the attacks are linked neither to poverty nor to xenophobia. The intention is clearly to deflect any accusations that Mbeki’s ‘quiet diplomacy’ over Zimbabwe has led to an uncontrollable influx of foreigners and, thus, to xenophobia. Neither will the ANC tolerate suggestions that it has neglected its own poor.
Ministers and senior civil servants have gone to extraordinary lengths. National Intelligence Agency director-general Manala Manzini has dusted off struggle rhetoric and claimed that a ‘third force’ – mysterious right-wing ‘elements’ that supported the apartheid regime – is at work with a view to destabilising the 2009 elections.
Others, such as police spokesman Govandsami Mariemuthoo in Gauteng province, insist that ‘copycat criminal elements, not xenophobia’ are at work. As a result, it is now unclear what charges, if any, will be brought against the 400 people police claimed last week had been arrested in connection with the attacks in the Johannesburg area.
The reigning confusion feeds into the foreigners’ widely expressed belief that the attacks have been orchestrated by elements within the ANC – a party that has been deeply divided since Zuma was elected party president against Mbeki’s will last December. Grassroots supporters of the Zulu-dominated Inkatha Freedom Party, which fought the ANC in the early 1990s, are also being accused of involvement.