Photo: REUTERS
Sudanese President Omar Hassan al-Bashir
Sudanese President Omar Hassan al-Bashir
Supreme Court condemns as "risible" the South African government's explanation that it allowed Sudanese president Omar al-Bashir, wanted by the ICC for war crimes, to leave the country despite a judge's instructions
Story after the cut .....
Jacob Zuma South Africa President
South Africa’s Supreme Court (SCA) has criticised the government’s “disgraceful conduct” for allowing Omar al-Bashir, the Sudanese president wanted by the International Criminal Court (ICC), to leave the country despite a high court order for him to be detained.
South Africa’s Supreme Court (SCA) has criticised the government’s “disgraceful conduct” for allowing Omar al-Bashir, the Sudanese president wanted by the International Criminal Court (ICC), to leave the country despite a high court order for him to be detained.
The SCA said the government broke international and domestic laws when it ignored an interim instruction by a Pretoria judge that he be kept in South Africa while he decided whether an ICC arrest warrant should be executed.
Mr Bashir normally struggles to travel internationally because of the warrant but was invited by South Africa to attend an African Union summit in Johannesburg in June last year.
The court also dismissed the government’s explanation that it did not know Mr Bashir was flying out because his passport were not among those handed to South African officials by the Sudanese delegation as “risible”.
Photo: AP
Sudanese President Omar Hassan al-Bashir
“The affidavit failed to explain how a head of state, using a military air base reserved for the use of dignitaries, could possible left the country unobserved,” the panel of judges said.
"The assurances that he was still in the country given at the commencement and during the course of argument were false. It was disgraceful conduct."
The ruling holds little punitive weight but will heap further woes on the government of Jacob Zuma, the president who is already suffering record-low opinion poll ratings over a corruption scandal and poor economic stewardship. It also means Mr Bashir or anyone else wanted by the ICC will in future face immediate arrest in South Africa.
The ICC issued arrest warrants for Mr Bashir in 2009 and 2010, accusing him of masterminding genocide and other atrocities in his campaign to crush a revolt in the Darfur region. He has long rejected the court's authority.
The conflict in Darfur has killed as many as 300,000 people and displaced 2 million, according to the United Nations.
Photo: AFP
Sudanese President Omar Hassan al-Bashir
South Africa previously advised Mr aBashir not to visit the country because of the warrant but in recent years the ruling ANC, along with many African governments, have accused the ICC of unfairly targeting the continent and questioned its validity.
Before his visit in June last year, South African diplomats met the ICC’s presiding judge to argue that because of a “lack of clarity” in the arrest warrant’s terms and “competing obligations” South Africa faced, Mr Bashir should be allowed to visit. The ICC rejected the request.
Instead Mr Bashir arrived at the summit and posed for pictures with 53 other African Union heads of state. When a South African human rights group brought an urgent high court application for South Africa to comply with its international obligations however, he vanished.
The South African government’s lawyer insisted that did not mean he had left the country, suggesting he “could be taking a break in his hotel room or doing shopping” and confirming that all South African ports of entry had been alerted to the court order blocking his departure.
Photo: AP
Sudanese President Omar Hassan al-Bashir
Hours later, South African media confirmed the departure from Waterkloof Air Force Base of Mr Bashir’s plane taking off.
The South African government was previously censored by the High Court but appealed the ruling to the SCA, which dismissed the appeal this week.
The South African Litigation Centre, which brought the original case, said it meant Mr Bashir must be arrested if he returns to South Africa.
"The government should seek to uphold the rule of law instead of shielding suspected war criminals and the Supreme Court of Appeal has made this clear today," SALC director Kaajal Ramjathan-Keogh said.
The Democratic Alliance, South Africa’s biggest opposition party, called for mR Zuma and his cabinet to be held in contempt of court.
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"The assurances that he was still in the country given at the commencement and during the course of argument were false. It was disgraceful conduct."
The ruling holds little punitive weight but will heap further woes on the government of Jacob Zuma, the president who is already suffering record-low opinion poll ratings over a corruption scandal and poor economic stewardship. It also means Mr Bashir or anyone else wanted by the ICC will in future face immediate arrest in South Africa.
The ICC issued arrest warrants for Mr Bashir in 2009 and 2010, accusing him of masterminding genocide and other atrocities in his campaign to crush a revolt in the Darfur region. He has long rejected the court's authority.
The conflict in Darfur has killed as many as 300,000 people and displaced 2 million, according to the United Nations.
Photo: AFP
Sudanese President Omar Hassan al-Bashir
South Africa previously advised Mr aBashir not to visit the country because of the warrant but in recent years the ruling ANC, along with many African governments, have accused the ICC of unfairly targeting the continent and questioned its validity.
Before his visit in June last year, South African diplomats met the ICC’s presiding judge to argue that because of a “lack of clarity” in the arrest warrant’s terms and “competing obligations” South Africa faced, Mr Bashir should be allowed to visit. The ICC rejected the request.
Instead Mr Bashir arrived at the summit and posed for pictures with 53 other African Union heads of state. When a South African human rights group brought an urgent high court application for South Africa to comply with its international obligations however, he vanished.
The South African government’s lawyer insisted that did not mean he had left the country, suggesting he “could be taking a break in his hotel room or doing shopping” and confirming that all South African ports of entry had been alerted to the court order blocking his departure.
Photo: AP
Sudanese President Omar Hassan al-Bashir
Hours later, South African media confirmed the departure from Waterkloof Air Force Base of Mr Bashir’s plane taking off.
The South African government was previously censored by the High Court but appealed the ruling to the SCA, which dismissed the appeal this week.
The South African Litigation Centre, which brought the original case, said it meant Mr Bashir must be arrested if he returns to South Africa.
"The government should seek to uphold the rule of law instead of shielding suspected war criminals and the Supreme Court of Appeal has made this clear today," SALC director Kaajal Ramjathan-Keogh said.
The Democratic Alliance, South Africa’s biggest opposition party, called for mR Zuma and his cabinet to be held in contempt of court.
Lets us know what you think of this article. Like? Dislike? Funny? Interesting? Cool? Drop us a line in the comment box or join us on facebook to help us give you a better reading experience
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