Al-Bashir: High Court ruling a victory for the Rule of Law
16 September 2015
The DA is pleased that the North Gauteng High Court has this morning 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.
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.”