Government appealing Bashir ruling

2015-06-29 09:50
Sudanese President Omar al-Bashir arrives for a group photograph of leaders at the 25th AU Summit in Johannesburg. (Gianluigi Guercia, AFP)

Sudanese President Omar al-Bashir arrives for a group photograph of leaders at the 25th AU Summit in Johannesburg. (Gianluigi Guercia, AFP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Pretoria - Government will appeal the High Court in Pretoria's ruling regarding Sudanese President Omar al-Bashir.

"Government has decided to appeal the recent High Court (Gauteng) judgment on the matter relating to President of Sudan Omar al-Bashir," spokesperson Phumla Williams said in a statement on Monday.

"The reasons for the appeal will be contained in the affidavit that will be submitted within the prescribed due date."

No further details were given.

On June 15, the court ruled the failure to detain Bashir when he was in South Africa attending an African Union summit was inconsistent with the Constitution, and he must be detained pending a formal request from the International Criminal Court (ICC).

But following the order, William Mokhari, SC, for the government, told the court that Bashir had left South Africa.

He said the state security minister had informed him that the circumstances of Bashir's departure would be investigated.

The judges then made an order requesting that an affidavit must be filed by the minister in the presidency and the state security minister on how Bashir managed to leave the country.

He is wanted by the ICC on charges of genocide and crimes against humanity committed in Darfur, which left 300 000 people dead.

The following week, the court gave its reasons for the ruling.

Principle of law

Judge President Dunstan Mlambo said ignoring the principles of the rule of law would lead to democracy crumbling ''stone by stone''.

The court suggested that the National Director of Public Prosecutions (NDPP) investigate how South Africa violated a court order preventing Bashir from leaving the country.

Mlambo explained that ahead of the AU Summit in Sandton earlier in June, it was decided at a Cabinet meeting and later published in the Government Gazette that all delegates and staff attending the African Union Summit would enjoy immunity. It did not say heads of state.

This decision was taken in terms of a convention of the AU's predecessor, the Organisation of African Unity, which extended immunity to delegates travelling to Pan African summits, and South Africa's ''Immunities Act''.

But he said the Rome Statute specifically excludes heads of state from immunity from prosecution, and so South Africa was consequently obliged to arrest and surrender him.

The Immunities Act at its highest confers discretion on the Minister of International Relations to confer immunity, ''but she must exercise that lawfully", he continued.

The Immunities Act and the African Union's decision to grant immunity to delegates did not trump South Africa's obligations under the Rome Statute.

Read more on:    au  |  international criminal court  |  omar al-bashir  |  sudan  |  pretoria  |  east africa

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
182 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.