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.
(1) South Africa had another free and fair election (it’s fourth!) without any serious violence and the fourth democratic President was inaugurated soon afterwards.
(2) The government decisively changed direction on HIV/AIDS and President Jacob Zuma appointed a health minister who clearly understands that the problem of HIV needs to be dealt with in a comprehensive manner.
(3) Nkosazana Zuma has begun to change things around at the Department of Home Affairs. A friend of mine received her passport only 4 weeks after submitting her application!
(4) The South African banking system weathered the international financial crisis very well and the SA government did not need to pump billions of dollars into the system as was required by the USA, the UK and some European countries.
(5) A free press and independent electronic media continued to thrive and to present a variety of news, exposes and opinion, sometimes harshly critical of the foibles of the governing party and sometimes singing its praises.
(6) Some members of the tripartite alliance began exposing Julius Malema as the self-serving, headline-grabbing, tenderpreneur that he is.
(7) The selection of a new Chief Justice and four new judges to the Constitutional Court proceeded without unnecessary controversy and several good candidates were appointed to the positions while a certain Judge President were clearly not a serious contender for appointment.
(8) A vibrant civil society continued to thrive and to challenge seemingly unlawful decisions made by the President and y constitutional institutions such as the Judicial Services Commission in various courts across South Africa.
(9) South Africa successfully hosted the Confederations Cup and the various soccer stadiums for 2010 Fifa World Cup were completed on time.
(10) Many South Africans quietly continued to build bridges and build the nation by giving of their time and money to address the poverty and deprivation of fellow South Africans.BACK TO TOP