Quote of the week

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.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
28 March 2007

Zimbabwe: an explanation…

The reliable news sources report that the Zimbabwean police have entered the main opposition party headquarters and arrested its leader Morgan Tsvangirai. Of course His Masters Voice report that there are conflicting reports on this arrest as they give credence to denials of the arrest issued by that bastion of truth and honesty, the Zimbabwean police.

The question on all our lips is, of course, why South Africa has consistently underplayed the problems in Zimbabwe and at times seems to be rather reluctant to criticise the camp old tyrant north of the border? (By the way, am I the only one harbouring suspicions that Robert Mugabe might be a closet homosexual in the tradition of J Edgar Hoover?)

My theory is that South Africa’s position regarding Zimbabwe has much to do with President Thabo Mbeki’s African ambitions. He wants to be the most important and influential statesman in Africa (and then use this influence for the better of the Continent), but he is the leader of a country that is viewed suspiciously in many other parts of Africa. We are relatively wealthy and our Constitution contains rights that are shockingly “Western”. We also think of ourselves as “special” and sometimes have the cheek to talk of “Africa” as if we are not part of it.

If we criticised Mugabe in the same tones used by that unspeakably obnoxious old codger, John Howard, Mbeki’s enemies on the continent would have some ammunition to claim that he was merely an agent of Blair and Bush. Given the colonial history of Africa, most of the elites in Africa are extremely sensitive about interference from the West. So, although Mugabe is not popular amongst his fellow leaders, his stance against the West provides him with cover. He can dare Mbeki to have a go at him, knowing it will hurt Mbeki more on the Continent than it does him.

As soon as Mbeki would have a go at him, Mugabe would throw a hissy-fit (doing his “Springtime for Hitler” routine) and insecure but ambitious Mbeki would be caught in the middle. So, better keep quiet and try to work the matter behind the scenes. Who said foreign policy had anything to do with principles?

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest