Judges dismiss S. African government’s application over al-Bashir saga

The opposition Democratic Alliance party, which sponsored a failed motion in parliament to set up an ad hoc committee to investigate the president for possible impeachment over his role in the saga, welcomed the court’s ruling against the appeal.

A full bench led by Judge Dunstan Mlambo has re-iterated that government was obligated to arrest al-Bashir and hand him over to the worldwide Criminal Court (ICC) where he’s wanted on charges of genocide and crimes against humanity.

The judges said the government acted “unlawfully and unconstitutionally” to let al-Bashir leave the country despite an order by the High Court in Pretoria, preventing al-Bashir from leaving the country.

The summit venue was an AU area where al-Bashir was granted immunity as agreed upon, the government says.

On Wednesday, this application for leave to appeal was dismissed as the matter was now moot and had no prospects of success. “To achieve lasting peace in Syria, the global community must reject all calls for regime change in that country”.

SALC executive director Kaajal Ramjathan-Keogh said: “We stand by the high court judgment as it is a strong contribution to the fight against impunity for egregious crimes”.

“We will compile a substantive affidavit so that we can petition the Supreme Court of Appeal”. As a signatory to the Rome Statute of the ICC and having domesticated the Statute, South Africa is obligated to arrest President Bashir if he is found on South African territory.

The Court has effectively reaffirmed South Africa’s obligations under global and domestic law and made it clear that the government’s failure to arrest President Al Bashir was unconstitutional and therefore invalid.

Before the “Arab Spring” uprisings and the death of Libyan leader Muammar Gaddafi in 2011, refugees from the region had not fled to Europe, said Zuma, adding that NATO bombing had gravely undermined security in the North African country.

Mr. Zuma said the actions taken caused the bombarding and killing of Libyans which opened the floodgates firstly for serious tensions and conflict resulting in total undermining as tribes fought.

The government defied a High Court order by allowing al-Bashir to leave South Africa on June 15 after he attended an African Union summit while the tribunal was considering whether he should be arrested.

Sarah Evans is a Mail & Guardian news reporter.