DA files papers with ConCourt on ICC withdrawal
The Democratic Alliance (DA) has filed its founding affidavit for direct access to the Constitutional Court, in order to challenge the constitutionality of the South African government's notice to initiate the process of withdrawing from the Rome Statute of the International Criminal Court (ICC).
Justice Minister Michael Masutha confirmed that government has started with the process to withdraw from the (ICC) on Friday.
The ICC has since asked South Africa to reconsider its decision.
The DA says the South African government delivered the notice of withdrawal without consulting parliament, the only body that can give the executive a mandate to withdraw from the ICC given the domestic legislative implications such a decision has.
"Withdrawing from the ICC would require parliament, specifically the national assembly, to repeal the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 ("Implementation Act"), which incorporates the Rome Statute into domestic law," says DA leader Mmusi Maimane.
Maimane says the withdrawal from the Rome Statute will substantially weaken the protections afforded to the rights of South African citizens and foreign citizens alike.
"We will not cross our arms while the ANC-led South African government tears away at the values contained in the Bill of Rights and compromises the foundations of our constitutional democracy."