Ag Shame! SA should have arrested Bashir
Mmegi Editor | Thursday June 18, 2015 12:17
The controversy was over the arrest of Sudan president Omar al- Bashir who is facing multiple charges of crimes against humanity in his country.
Despite these, Bashir was invited to attend AU’s summit. It is worth noting that 34 members of the AU are signatories to the International Criminal Court (ICC)’s Rome Statute,
In 2009, the ICC issued a warrant for his arrest after indicting him for war crimes, crimes against humanity and genocide in Darfur. South Africa is a signatory of the Rome statute and is a member of the ICC.
Another warrant of arrest was issued in 2010. During the 2010 World Cup in South Africa, president Jacob Zuma apparently announced that if Bashir could come to his country he would be arrested.
Five years later, Zuma’s government allowed the murderer to visit the country as an invitee of the AU. Just like in 2010, South Africa was obliged to arrest him if he landed in the country.
The Sudanese visit was met by a court order over the weekend preventing him from leaving the country until a final order in the case was made.
On Sunday the ruling African National Congress joined the fray and accused the Hague-based court of being biased against Africans and said it was no longer useful.
It became apparent that if the court ruled that Bashir should be arrested and handed over to the ICC in Hague, then South Africa was going to ignore the court order.
After it was confirmed that the Sudanese killer flew to Khartoum on Monday, the hypocritical Zuma government issued a statement that it would enquire the circumstances under which Bashir left the country.
It said the government noted the judgement of the North Gauteng High Court on the matter regarding Sudanese President Omar al-Bashir.
The High Court that heard this matter was furious when it learnt that Bashir was allowed to leave South Africa despite an interim court order barring him from doing so. “It is of concern to this court that it issues orders and then things just happen in violation of those orders.
Be that as it may, that is an order we issue under the circumstances,” said one of the judges.
The bench of the three judges was of the view that South African authorities should have detained Bashir. It is a worrying development when a ruling party ignores the orders of its own court.
The Constitution of South Africa is regarded as one of the most progressive in the world and the decisions of the SA courts are persuasive in Africa and elsewhere.
South Africa, as the signatory of the Rome statute, should have not allowed Bashir in the country, or else they should have arrested him once he set foot in their country.
As things stand now, Zuma’s government has been left with an egg on the face. Ag Shame!
Today’s thought
“As indicated in court, government will enquire the circumstances under which President al-Bashir left the country.”
- Phumla Williams