The High Court in Pretoria will give its reasons for its ruling that Sudanese President Omar al-Bashir be kept in South Africa and arrested.
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Last Updated at 02:47
Mlambo is now going through the history of the ICC and the Rome Statute, of which South Africa is a signatory. It came into being in 1998.
“This is in our view is a clear violation of the order handed down by [Judge Fabricius] on Sunday afternoon.”
“All these assurances were not correct, as Al-Bashir most probably left before 13:00.”
“During the entire hearing, Advocate Mokhari SC repeatedly assured us that he was still in the country,” says Mlambo.
Judge President decided that it would be heard before a full court on Monday because of its importance. The answering affidavit was filed late and the judges felt it could have been produced in a few hours.
The Department of Home Affairs was ordered to serve the order at each and every point of entry in SA, and to provide the identities of the people it was served on.
Mlambo: “Adv Mokhari requested time to draft an answering affidavit. This is not easily refused in urgent proceedings. Judge Hans Fabricius was mindful that the AU Summit would be on for the whole day. He granted a further adjournment to Monday but granted the interim order prohibiting Al-Bashir from leaving SA.”
Mlambo reminds everyone that Judge Fabricius ordered that Bashir be prevented from leaving until court proceedings were finalised.
“The defence argued that the Cabinet decision to not arrest Al-Bashir trumped the ICC request.”
“We point out that after the handing down of the order, we were informed that the President of the Republic of Sudan, the centre of these proceedings had left. However, the judgment remains relevant.”
“The matter is about whether a Cabinet Notice and ministerial actions can suspend our obligations to arrest a person wanted for crimes of humanity and genocide in terms of the Rome Statute and the International Criminal Courts.”
Judge President Dunstan Mlambo starts speaking…
Court has started. The three judges bow, says News24’s Jenni Evans.
Media set up as they await the arrival of the three judges…
Court 6E is filling up, but seems to be predominantly occupied by the media, says News24’s Jenni Evans.
Following today’s court proceedings, government has until Friday to submit an affidavit setting out the circumstances of Al Bashir’s departure.
The deputy minister compared al-Bashir to former president FW de Klerk, where De Klerk was a vital player in South Africa’s negotiated settlement, as was al-Bashir in Sudan’s negotiation towards peace in Darfur.
“President al-Bashir was invited to the AU by the AU. He was not visiting SA. He was not on a state visit here. He was attending a meeting that was constituted by an act of the AU.
“In the 70 years of the United Nations, the USA has never attempted to arrest a leader…because the law of immunity is the law that was agreed in 1961 that all countries agreed to… the day it happens in the UN [a head of state is arrested], it will be the end of the UN because leaders will be afraid to go there.”
Cooperative Governance and Traditional Affairs Deputy Minister Obed Bapela followed by stating the ruling party welcomed the debate.
He said the ANC was of the view that interests of peace peace needed to be balanced with the pursuit of international justice.
Beginning the debate in Parliament in Cape Town, Democratic Alliance MP Stevens Mokgalapa said the executive was duty bound by the Constitution and the International Criminal Court (ICC) to have not allowed al-Bashir to have left the country, and to arrest him.
“By not complying with this order the executive was quite simply in contempt of court. The question is why did the executive ignore this order?
“The ANC government, led by President Jacob Zuma, has committed a crime by assisting a wanted man to evade the law.”
While we wait for proceedings to get underway…On Tuesday, government came under withering criticism from most opposition parties for disregarding the court’s order to keep and arrest al-Bashir while attending the AU summit in Johannesburg.
Still little movement at Court 6E in Pretoria…
Proceedings in the High Court in Pretoria are expected to get underway at 11:30.
News24’s Jenni Evans is at the High Court in Pretoria…
He said the state security minister had informed him that the circumstances of Al-Bashir’s departure would be investigated.
But following the order, William Mokhari, SC, for the government, told the court: “I have been informed by the government that they have reliable information that President Al-Bashir has departed from the Republic.”
The ruling was made Judge President Dunstan Mlambo, along with Judge President Aubrey Ledwaba and Judge Hans Fabricius.
“The respondents are compelled to take reasonable steps to arrest President Al-Bashir without a warrant… and detain him pending a formal request for his surrender from the International Criminal Court,” Mlambo had said.
On June 15, the court ruled the failure to detain Al-Bashir was inconsistent with the Constitution, and he must be detained pending a formal request from the ICC.
The High Court in Pretoria will give its reasons for its ruling that Sudanese President Omar al-Bashir be kept in South Africa and arrested.
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