Appeal in Al-Bashir saga fails

2016-03-23 06:00

THE Supreme Court of Appeal has dismissed the state’s appeal against a High Court ruling that government’s failure to arrest the Sudanese president, Omar al-Bashir, was inconsistent with constitutional duties.

“The decision by the South African government not to arrest Al-Bashir was inconsistent with South African law. The application is dismissed,” Judge Carole Lewis said on Monday, 14 March.

When Al-Bashir entered South Africa last June for an African Union summit, the South Africa Litigation Centre approached the High Court for an order that government enforce an International Criminal Court (ICC) arrest warrant on Al-Bashir.

The High Court ordered the government to arrest Al-Bashir and said its failure to do so would be unconstitutional. Despite this, he was allowed to leave the country.

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