NORTH GAUTENG HIGH COURT INTERDICT ON SUDANESE PRESIDENT
15 June 2015
The Higher Education Transformation Network (HETN), acting on behalf of its alumni members, hereby condemns the interim court order and interdict issued by Judge Hans Fabricius of the North Gauteng High Court flowing from the application by the Southern Africa Litigation Centre for the arrest and delivery of President Al Bashir of Sudan to the International Criminal Court (ICC) in The Hague.
Whilst we do not support the actions of Sudanese President Al Bashir and the alleged crimes perpetrated under his rule, we reject the demands by the ICC, United Nations and Western powers for South Africa’s territorial integrity to be abused and undermined through the placement of President Al Bashir into lawful custody on the Republic’s territorial soil.
Irrespective of the unfortunate final judgement about to be delivered by the North Gauteng High Court on the matter, the Republic of South Africa is not obliged to execute the ICC warrant as the ICC has proven itself as a blunt instrument of foreign policy manipulated at the behest of Western powers to target poor African and Asian states.
As a member of the African Union, we encourage the government of the Republic of South Africa to remain steadfast in its resolve and to unilaterally denounce South Africa’s co-signatory status to the Rome Treaty of 1 July 2002 with immediate effect to save the territorial integrity of the Republic from abuse by arrogant Western powers and judicial processes that are out of sync with reality.
We agree fully with the governing party that the International Criminal Court (ICC) is no longer useful as a court of last resort due to the selective prosecution of crimes against humanity and the voluntary compliance nature of the ICC’s prescripts which have allowed the proliferation of international bullying and impunity by certain World powers, which are non-signatories to the Rome Treaty.
Until the statutes of the ICC are successfully reviewed to compel all member states of the United Nations (UN) to be signatories to the Rome Treaty of 1 July 2002, then South Africa should reject any undue pressures and attempts to undermine its sovereignty on the matter.
In the same vein, South African judges need to abandon their hypocrisy and interpret the law fairly and consistently. If the alleged warrants by the ICC are upheld, then former President de Klerk and all apartheid cut-throats, killers and murderers who have been denied amnesty by the Truth and Reconciliation Commission (TRC) for crimes against humanity must also then be arrested and delivered to The Hague for trial.
Western powers and the ICC are free to voluntarily arrest Al Bashir at all times utilizing own resources and on their own territorial soil.
Statement issued by Mr Lucky Thekisho Chairperson of the Board, HETN, June 15 2015
