DA court victory in ICC matter
South Africa’s decision to issue a notice of withdrawal from the International Criminal Court (ICC) was invalid.
The North Gauteng High Court handed down judgement on the matter on Wednesday morning.
South Africa began the process of withdrawing from the ICC last year, following the furore over Sudanese president Omar al-Bashir’s presence in the country.
The Democratic Alliance took the matter to court, arguing the decision was unconstitutional and procedurally flawed.
Deputy Judge President Phineas Mojapelo says government should have consulted parliament.
‘Cabinet’s decision to deliver the notice of withdrawal without parliamentary approval is unconstitutional. This was a clear breach of the separation of powers. The executive doesn’t have the power to withdraw.’ said Mojapelo.
Mojapelo ordered President Jacob Zuma, the department of International Relations and Cooperation and the Justice Ministry to revoke the notice to leave the ICC.
The DA's James Selfe says they are delighted by the judgement.
"It is quite clear from the court's judgement that the withdrawal in such unseemly haste had everything to do with the fact the government was embarrassed by the fact that it had lost two court cases around the validity of their actions in the Al-Bashir matter and they took the easy option which was simply to withdraw from the ICC," says Selfe.