South African court revokes government's decision to leave ICC

South Africa's Justice Minister Michael Masutha gives a press briefing in Pretoria on October 21, 2016 on the country's decision to withdraw from the International Criminal Court. PHOTO | GIANLUIGI GUERCIA | AFP

By  PETER DUBE

What you need to know:

  • The court on Wednesday ruled that government's notice of withdrawal was “unconstitutional and invalid”.
  • The South African government felt the ICC undermined its sovereignty and had previously shown bias against African nations.
  • South Africa’s opposition Democratic Alliance party argued that the government had failed to seek parliamentary approval before issuing the notice of withdrawal.

PRETORIA

South Africa's decision to pull out of the International Criminal Court (ICC) has been revoked by the High Court in Pretoria.

The court on Wednesday ruled that government's notice of withdrawal was “unconstitutional and invalid”.

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Last October, the Justice minister Michael Masutha announced that the country had initiated the process to pull out from the Hague-based court.

He said, at the time, that the South African government felt the ICC undermined its sovereignty and had previously shown bias against African nations.

The move followed a dispute over the government’s failure to arrest Sudanese President Omar al-Bashir when he visited the country in 2015. The Sudanese leader is wanted by the ICC for crimes against humanity allegedly committed in his country.

South Africa’s opposition Democratic Alliance (DA) party, one of the case petitioners, argued that the government had failed to seek parliamentary approval before issuing the notice of withdrawal.

"The Cabinet decision to deliver the notice of withdrawal... without prior parliamentary approval is unconstitutional and invalid," ruled judge Phineas Mojapelo.

GOVERNMENT TO APPEAL

But the Justice ministry spokesperson Mthunzi Mhaga said the government will consider whether to appeal.

“Government will reflect on the judgement before determining whether there are grounds for appeal,” said Mr Mhaga.

The DA has welcomed the ruling saying the withdrawal by the South African government from the ICC was irrational and unconstitutional.

“We would like South Africa to stay in the ICC because we believe that it is consistent with our Constitution and with the legacy of Nelson Mandela,” the DA's federal executive chairman James Selfe said.

The DA has previously said the intention to leave the ICC contradicted South Africa’s commitment to international justice and human rights.

“The withdrawal would act as the ultimate betrayal of our historical commitment to a human-rights based foreign policy. Under [President] Jacob Zuma, our country’s approach to foreign policy has been at odds with the human rights-based foreign policy spearheaded by the late President Nelson Mandela. This withdrawal would indicate to the rest of the world that we do not believe in holding those who commit the most horrendous of acts, such as genocide and war crimes, to account,” read a recent statement by the DA.

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