Al-Bashir high court ruling a victory for the rule of law: DA

South Africa’s official opposition said on Wednesday it was “pleased” that the North Gauteng High Court had denied the state leave to appeal the Omar Al-Bashir matter that “caused international embarrassment when our government facilitated his fleeing of the jurisdiction despite domestic and international law prohibiting them from doing so”. “We are equally pleased that the courts are taking a principled legal stand on flagrant abuses of power and disregard for due process and the rule of law‚” said James Selfe‚ chairperson of the DA’s federal executive. 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.”

Additionally‚ “Section 165 of the Constitution reads that judicial authority is vested in the courts‚ and courts must apply the law impartially without fear‚ favour or prejudice … no person or organ of state may interfere with the functioning of the courts‚ and they must assist the courts to ensure its dignity.”

The full bench of the Pretoria high court on Wednesday dismissed the state’s application for leave to appeal against the judgment passed in June that its decision not to detain Al-Bashir was inconsistent with the Constitution. Al-Bashir came to the country for the African Union Summit in June‚ despite there being a warrant for his arrest issued by the International Criminal Court (ICC).

Despite a court order instructing the state to ensure it prevented Al-Bashir from leaving the country‚ the Sudanese president left South Africa after the summit.

“The court’s decision to dismiss‚ with costs‚ the government’s baseless bid to appeal the judgement on the Al-Bashir escape is a damning indictment of the government’s deliberate decision to let Al-Bashir leave our country in the first place. “Indeed the South African government should have never invited president Al-Bashir to our shores much less facilitate his state-sanctioned escape knowing full well its obligations to international and domestic law‚” Selfe said.

He said that this “should serve as a warning to president Zuma and his cohort in cabinet that the Sudanese president should not be invited back to South Africa as he announced yesterday at a briefing on South African foreign policy”.

Selfe said that president Zuma had stated that‚ “The South African government is aware of the order made by the International Criminal Court … requesting submissions from South Africa in relation to the case of president Al-Bashir. We are currently studying the order. We will then make a determination as to the next course of action‚ if any.”

“These comments seem to indicate the ANC government may not comply with the request‚ which shows a distinct lack of regard for their legal obligation to the ICC.

“The DA has also submitted parliamentary questions to the Minister of International Relations and Co-operation ‚ Maite Nkoana-Mashabane‚ to get clarity on whether her department‚ or any other department have already invited or intend to invite president al-Bashir to attend the FOCAC (Forum on China-Africa Cooperation) summit.

“This episode will forever represent president Zuma and the ANC’s abandonment of constitutionalism and moral leadership‚ where the president and his government conspired to bow to the whims of a wanted warlord and human rights violator‚” said Selfe.