al-Bashir Appeal: President Zuma likely in breach of his duty twice in one week
12 February 2016
President Jacob Zuma is in court for a second time this week for allegedly acting in breach of his duty as President of South Africa by wilfully refusing to act in accordance with section 83(b) of the Constitution which enjoins him to “uphold, defend and respect the Constitution as the supreme law of the Republic.” This time President Zuma is before the Supreme Court of Appeal (SCA) with the view to having the judgement handed down by the North Gauteng High Court set aside.
The Court originally held that “there are clear indications that the order of Sunday, June 15 2015 was not complied with. A democratic state based on the rule of law cannot exist or function if the government ignores its constitutional obligations.”
We contend therefore that the principles in question were directly contravened by the Executive, under the leadership of President Jacob Zuma, when they facilitated the escape of Sudanese President Omar al-Bashir from South Africa on 15 June 2015.
al-Bashir is wanted by the International Criminal Court (ICC), under two warrants issued in 2009 and 2010 respectively, for war crimes, crimes against humanity and genocide. As a signatory to the Rome Statute that established the ICC, enacted into domestic law through the Implementation of the Rome Statute of the International Criminal Court Act of 2002, the South African government had a legal obligation under both international and domestic law to arrest Al Bashir.