Al-Bashir: Government’s appeal doesn’t change the fact that laws were broken

29 June 2015

The DA notes the government’s announcement that it will take the North Gauteng High Court ruling relating to the Sundanese President, Omar Al-Bashir, on appeal.

This comes after reports confirmed this morning that the South African government the rationale for this action in an affidavit the state is to file once the Court has determined a date by which to engage this matter.

Although it is presently unclear what the state plans to argue, one thing is clear from the judgement handed down in this matter: the South African government was simply in contempt of court. 

Instead of government being accountable, once again we see more public money being spent on appeals to evade the consequences of unlawful actions. 

As the court stated, government facilitated “the departure of President al-Bashir from this country before the finalisation of this application which demonstrates non-compliance with that order.” 

To make matters worse it is clear from the ruling that the government knew that South Africa was bound to the Rome Statute to which we are signatories. In the judgement the Director-General (D-G) in the Presidency and Secretary of Cabinet, Dr Cassius Lubisi, “deposed to a supporting affidavit stating that Cabinet was aware of the invitation from the AU [African Union] to President [Omar] Al-Bashir to attend the AU Summit and the President [Al-Bashir] indeed confirmed his attendance.”

Further Dr Lubisi also confirms that “Cabinet was alive to fact that [the Republic of] South Africa is a State Party to the Rome Statute and therefore obliged to give effect to any request by the International Criminal Court (ICC) pertaining to a warrant of arrest…Cabinet deemed it prudent and necessary to deliberate and discuss the issue… at length…” and came to the considered and deliberate decision to go ahead and break the law anyway.

The North Gauteng High Court is clear in its ruling. Government definitely broke the law but has now chosen the path of a vexatious litigant knocking on the door of the courts who have spoken clearly on this matter.

This is an ANC in government which we have come to expect. A government that shows flagrant disregard and contempt for the Rule of Law and due process. 

By not respecting the Rule of Law, and equality before the law, government is setting the worst possible example for citizens. Members of Cabinet now sit in meetings and effectively decide that certain people, most often friends of President Jacob Zuma, are above the law.

The DA awaits the submission of the state’s affidavit in which it will attempt to argue itself out of a clear breach of an order of the court.

Statement issued by James Selfe MP, Chairperson of the DA’s Federal Executive, June 29 2015