Roundup: Constitutional Court dismisses opposition's application relating to SA's withdrawal from ICC

The Constitutional Court (ConCourt) on Tuesday dismissed an application by the opposition Democratic Alliance (DA) relating to the decision by the South African government to proceed with withdrawing from the International Criminal Court (ICC).

The court concluded that the application founded on exclusive jurisdiction should be dismissed, as the matter does not invoke the jurisdiction of this court.

Further, the application for direct access to challenge the constitutionality of a state decision to withdraw from the ICC has been dismissed on the ground that it is not in the best interest of justice for the court to hear the matter at this stage, the court ruled.

Last Month following Minister of Justice and Correctional Services Michael Masutha's confirmation of the cabinet's decision to withdraw from the ICC, the DA and the Council for the Advancement of the South African Constitution (CASAC) filed an urgent application for direct access to the Constitutional Court to challenge the constitutionality of the decision.

The dismissal of the application came as Masutha travels to the Hague in Netherlands where he will be making an opening statement during the general debate of 15th meeting of the Assembly of States Parties of the ICC.

Responding to the ruling, the ruling African National Congress (ANC) said the DA's application was nothing more than just yet another concerted effort by the DA to defend imperialism and the continued subjugation of Africa under the guise of "promoting human rights".

"The ANC wishes to express its condemnation of the continued attempt by the DA to circumvent political processes of the Republic," ANC national spokesperson Zizi Kodwa said.

The DA, he said, actively seeks to co-govern with the elected executive by using courts as platforms for pursuing mostly political positions.

"The dismissal of their application is thus a positive rejection of their dangerous attempt at drawing the judiciary into ideological and political contests that do not violate constitutionality," Kodwa said.

The withdrawal from the Rome Statute, which created the ICC, is in effect a rejection of the imperial gaze into global justice that the ICC has been systematically advancing, said Kodwa.

He said the withdrawal from the Rome Statute is not unrelated to a growing effort to establish an African Union judicial platform to pursue peace and justice in the continent.

On October 21, Masutha confirmed that South Africa had begun the process of withdrawing from the ICC.

South Africa is hindered by the Rome Statute under which the ICC was established, Masutha explained.

The Rome Statute compels SA to arrest people who may enjoy diplomatic immunity but who are wanted by the ICC.

The case in point is Sudanese President Omar al-Bashir who is wanted by the ICC for alleged anti-humanity crimes. South Africa rejected a request by the ICC to arrest al-Bashir when he was attending the 25th African Union Summit in Johannesburg in June, 2015.

The South African government argues that in addition to complying with its obligations to the ICC, the country has obligations to the AU, which rules that no organization can arrest any sitting head of state in African countries.

Implementation of the Rome Statute is in conflict and inconsistent with provisions of the country's Diplomatic Immunities & Privileges Act, the SA government maintains. Endit