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President Cyril Ramaphosa says the country remains a signatory to the Rome Statute and will continue to campaign for the equal and consistent application of international law.
This follows an error in a comment made during a media briefing held by the ANC, where Ramaphosa made a spurious comment that the party adopted a resolution to withdraw from the International Criminal Court (ICC).
The story gained traction on social media on Tuesday since an arrest warrant had been issued by the Court for Russian President Vladimir Putin, who is expected to visit the country later this year.
Presidency spokesperson Vincent Magwenya says South Africa is guided by the importance of strengthening institutions of global governance and will work to invigorate the Malabo protocol that would establish a continental criminal court that would complement the ICC as a court of last resort.
He says South Africa is considering a legislative amendment that would domesticate the Rome Statute so that it reflects all the articles of the Rome Statute.
This includes the provision of Article 98 of the statute that requires a waiver of immunities for persons charged by the ICC from third-party countries where there is no referral by the United Nations Security Council.
The manner in which the UK domesticated the Rome Statute to incorporate the provisions of Article 98 has been recommended as a guideline case study.
An arrest warrant was issued for Russian President Vladimir Putin last month over alleged war crimes in Ukraine.
Putin could possibly visit South Africa later this year as part of the BRICS summit.
Meanwhile, the Government has been given the mandate, by the ANC to deal with the tensions arising from the arrest warrant issued.
Speaking at a press briefing on Tuesday, following the weekend national executive committee (NEC) meeting, ANC secretary general Fikile Mbalula admitted that the governing party was in a difficult position over South Africa’s membership in the ICC.
Despite some international pressure, South Africa has maintained a neutral stance on the war in Ukraine.
Mbalula South Africa must respect Russia and Putin, as well as its alliance with other BRICS member states.
He referenced the 2016 case of Sudanese Omar Al Bashir, where the Democratic Alliance went to court to force the government to execute the arrest warrant against him.
