Judges concerned by violation of al-Bashir order

2015-06-15 16:39
(Shiraaz Mohamed, AP)

(Shiraaz Mohamed, AP)

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

Pretoria - After instructing South Africa to arrest Sudan’s President Omar al-Bashir, a full bench of the High Court in Pretoria said on Monday that it was of concern that the government had ignored an earlier order to prevent him from leaving.

“It is declared by this court, that the conduct of the respondent [government] to the extent that they failed to take steps to arrest and detain the President of the Republic of Sudan is inconsistent with the Constitution of the Republic of SA,” Judge President Dunstan Mlambo read from his order.

“That the respondents are compelled to take all reasonable steps to effect the arrest of President al-Bashir without a warrant... in terms of the Criminal Procedure Act, and detain him pending a formal request for his surrender from the International Criminal Court.”

Moments later, William Mokhari, for the government, stood up and told the court that al-Bashir had left the country. He had been in Johannesburg attending an African Union summit.

“I have been informed by the government that they have reliable information that President al-Bashir has departed from the republic,” he said, to chuckling from the public gallery.

There had earlier been rumours that he had left through Waterkloof Air Force Base.

He said the ministers of state security and in the presidency had told him the circumstances of the departure would be “fully investigated”.

Isabel Goodman, for the Southern Africa Litigation Centre, which brought the arrest application, said this appeared to be a prima facie violation of the order handed down on Sunday, that the government prevent al-Bashir from leaving the country.

She asked for an affidavit from the two ministers placing on record when al-Bashir had left and through which port of exit.

Mlambo said it was “of concern” that Sunday’s order had not been complied with.

“It is of concern to this court that it issues orders and that things just happen in violation of these orders.”

He ordered that an affidavit be filed with the court registrar within seven days disclosing when and through which port of exit al-Bashir had left the country.

Mlambo said he would hand down reasons for ordering the government to arrest al-Bashir in a week.

Read more on:    omar al-bashir  |  johannesburg  |  au summit

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.

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
Comments have been closed for this article.

Inside News24

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 24.com 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.