DA to go to court over ICC withdrawal

2016-10-21 13:40


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Cape Town - The Democratic Alliance says it will approach the courts to have the government's decision to withdraw from the International Criminal Court set aside.

Justice Minister Michael Masutha said on Friday that the government's reason for removing itself as signatories of the Rome Statute was due to a conflict between its obligations to the African Union to grant its heads of states immunity.

In a statement on Friday DA federal executive chairperson James Selfe said Cabinet's decision was "unconstitutional, irrational and procedurally flawed".

"The decision by Minister [Maite] Nkoana-Mashabane to act unilaterally on this matter is a disgrace and shows the depth of impunity and disregard for the rule of law within the ANC," he said.

"Clearly she has taken her lead from President Jacob Zuma."

The Constitution is clear that binding international agreements become law upon ratification by Parliament, he said.

"It is thus unconstitutional for the minister to unilaterally exit South Africa from the agreement without Parliament having repealed the agreement first."

'ANC has lost moral base'

READ: SA starts process to withdraw from International Criminal Court

He said South Africa cannot accept an executive that is no longer committed to the fight against genocide, war crimes and crimes against humanity. He said Nkoana-Mashabane was acting with a "hole in her head" in making this decision.

The Freedom Front Plus meanwhile said the government's decision to withdraw from the ICC has officially shown the world that the ANC has no moral base.

"Now that the ANC has been in control for 22 years it is becoming more and more difficult for the party to hide its true nature," party spokesperson advocate Anton Alberts said on Friday.

"The ANC reveals an even more recklessness in its foreign policy through the protection of a mass murderer such as [Sudanese President Omar] al-Bashir," he said, accusing the party of being self-centred and power hungry.

He said South Africa needs the trust of the international community to draw investments and the ANC had just driven a knife into the heart of responsible international citizenship.

Read more on:    da  |  anc  |  icc  |  politics  |  judiciary

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