Government has been denied leave to appeal a High Court ruling against the court's earlier decision over Sudanese president Omar al-Bashir, preventing him to leave South Africa.
The North Gauteng High Court had found the government’s conduct was unconstitutional when it ignored a court order to arrest Bashir on an International Criminal Court arrest warrant.
Bashir is wanted by the ICC for war crimes and crimes against humanity over atrocities committed in the Darfur conflict.
He jetted into South Africa in mid-June to attend an African Union summit.
Bashir flew out from the Waterkloof military base two days later unperturbed, even though South Africa, as an ICC member, was required to arrest him and a Pretoria High Court judge had barred his departure.
The government argued that because Bashir was attending an AU summit, he had immunity from prosecution.