COURT IS RIGHT IN TURNING DOWN GOVERNMENT APPEAL ON AL-BASHIR ESCAPE

16 September 2015

Congress of the People Pretoria welcomes the High Court in Pretoria turning down the appeal of the government regarding its failure to arrest Sudanese President Omar al-Bashir.

The court made it very clear that the government’s failure to detain Bashir when he came to South Africa was inconsistent with the Constitution.

In section 2, the constitution makes it clear that “law or conduct inconsistent with (the constitution) is invalid”. Furthermore, the constitution makes clear that “the obligations imposed by it must be fulfilled”.

Judge President Dunstan Mlambo warned that if the government were to ignore the principles of the rule of law, it would lead to democracy crumbling ''stone by stone''.

As a country wanting to run ahead of other nations we willingly and eagerly domesticated the Rome Statute and thus made it part of our law. It specifically excluded heads of state from immunity from prosecution. The government was obliged to arrest and surrender him to the International Court.

The ruling party of today has no regard for the rule of law and it certainly makes laws for other to comply with without being equally bound to do the same. The courts must uphold the constitution and compel the government to do the same.

Congress of the People is delighted with the court outcome. This is a victory for constitutionalism that all of us should celebrate.

Statement issued by Dennis Bloem, COPE spokesperson, 16 September 2015