The North Gauteng High Court is expected to deliver its judgement on Wednesday in a matter in which the Democratic Alliance (DA) is challenging South Africa’s withdrawal from the International Criminal Court (ICC).
In a statement on Tuesday James Selfe, MP and Chairperson of the DA’s Federal Executive, said his party had received confirmation that the judgement “in our” application to have South Africa’s withdrawal from the ICC set aside on the grounds that it is “unconstitutional, irrational and procedurally flawed, will be handed down on Wednesday, 22 February 2017”.
Selfe said the DA contends that Justice Minister Michael Masutha, acting on behalf of the African National Congress (ANC) led government “unlawfully bypassed Parliament” when he set in motion the withdrawal of South Africa from the ICC.
Citing bias against African nations, South Africa begun the process of exiting the ICC in October last year. The process of withdrawing was expected to take up to a year.
The move was prompted by South Africa’s failure to arrest Sudanese President Omar al-Bashir when he visited the country last year. The Sudanese leader is wanted by the ICC for crimes against humanity allegedly committed in his country.
“Withdrawing from the ICC requires the National Assembly to repeal the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which incorporates the Rome Statute into domestic law,” said Selfe.
He said the intention to leave the ICC also directly contradicts South Africa’s commitment to international justice and human rights.
“We have seen how our country’s approach to foreign policy under [President] Jacob Zuma has been at loggerheads with the human rights-based foreign policy spearheaded by the late President Nelson Mandela,” said Selfe.
“By irrationally withdrawing for the ICC, South Africa is out of touch with other progressive and democratic nations on the continent.”
Last week Gambia, which has a new leader Adama Barrow, announced that it would re-join the ICC. The previous leader Yahya Jammeh, accused of rights abuses, had initiated the withdrawal of Gambia from the ICC before he lost the election in December 2016.
Many other African countries including Nigeria and Senegal still recognise the role the ICC plays in holding those guilty of the worst human rights violations to account.
Selfe said South Africa should take heed of the positive example set by other African countries and follow suit.
The court decision on the matter will be made on Wednesday.
– African News Agency (ANA)
