Govt to appeal SCA's Bashir judgment

2016-04-08 15:51
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

Johannesburg - The government on Friday will apply for leave to appeal the judgment by the Supreme Court of Appeal (SCA) on Sudanese President Omar Al-Bashir.

"The government believes that the interpretation of legislation relating to immunity granted to a foreign sitting head of State needs pronouncement by the Constitutional Court as the apex court in the land and final arbiter on constitutional matters," Mthunzi Mhaga, spokesperson for the Ministry of Justice and Correctional Services, said in a statement.

He said that the government believed that legal uncertainties which had not been resolved by the SCA, both in terms of customary international law and domestic law, could only be properly pronounced on by the Constitutional Court.

"The Government therefore believes that there is a reasonable possibility that the Court will arrive at a different conclusion," Mhaga said.

In March, the Supreme Court of Appeal dismissed the State's appeal against a high court ruling that government's failure to arrest the Sudanese president was inconsistent with its constitutional duties.

When Bashir entered South Africa in June 2015 for an African Union summit, the SA Litigation Centre approached the high court for an order that government enforce an International Criminal Court (ICC) arrest warrant on him.

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

Read more on:    sca  |  omar al-bashir  |  justice

Join the conversation! 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.

Inside News24

Financial advisors – Do you need one and should you get one?

The good, the bad, and everything else you need to know when considering hiring a financial advisor.


Book flights

Compare, Book, Fly

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


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 network.


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.