Al-Bashir is wanted by the International Criminal Court (ICC) for war crimes.(REUTERS)

The High Court in Pretoria is expected to hand down a judgment on Wednesday., on whether to grant the government leave to appeal against its finding that the failure to arrest Sudanese leader Omar Al-Bashir was unconstitutional.

Al-Bashir attended an African Union (AU) summit in Johannesburg in June.

The Southern Africa Litigation Centre approached the Gauteng High Court in a bid to have Al-Bashir arrested in line with an international warrant.

The court ordered the government to bar him from leaving, however he still managed to leave.

The court then subsequently found that South Africa was duty bound to arrest Al-Bashir and that the government’s failure to do so was unconstitutional.