About-turn on ICC withdrawal welcomed

Cope leader Mosiuoa Lekota

Cope leader Mosiuoa Lekota

Published Mar 8, 2017

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The government’s decision to revoke its notice of withdrawal from the International Criminal Court has been widely welcomed.

Cope’s Mosiuoa Lekota said: “They (government) don’t understand that South Africa is a constitutional democracy. One cannot just withdraw.

“South Africa must retain membership of the ICC. People are able to go to the ICC and ask for relief, and report those who abuse power.”

Lekota also said pulling out of the ICC would mean that South Africa protected "dictators who kill citizens".

“We don’t want citizens killed by current and future governments. We want to be on the side of human rights," he added.

DA leader Mmusi Maimane’s spokesperson Mabine Seabe said an incorrect process had been followed to withdraw from the ICC.

“This was confirmed by the high court. It was like putting the cart before the horse,” Seabe said.

“A withdrawal opened (us up) to human rights violations.”

Justice and Correctional Services spokesperson Mthunzi Mhaga would not be drawn into commenting on the processes followed, saying only: “On April 7 we are to make a presentation to the ICC why we did not arrest (Sudanese) President Omar Al-Bashir although there was a warrant for his arrest. We will go there to argue his case.”

But the news of the revoking was tempered by the failure of Minister of International Relations and Co-operation Maite Nkoana-Mashabane and Justice and Correctional Services Minister Michael Masutha to attend a portfolio committee briefing on international relations and co-operation in Parliament yesterday.

Both sent apologies – and department officials were sent to explain what was being done about the North Gauteng High Court ruling that its original decision to withdraw from the court was unconstitutional.

A statement from the portfolio committee said members were unhappy with the absence of the ministers.

Committee member Mangaqa Mncwango said it was important that the ministers came in person to brief the committee.

“We would be barking up the wrong tree if we asked political questions to legal technocrats. If South Africa wants to be a champion for human rights it should be seen to be doing so,” Mncwango said.

“We cannot seek to be champions of human rights and then support people who violate human rights in their countries."

The committee plans to invite the ministers again and also interact with the justice and correctional services portfolio committee to discuss how Parliament should address the question of the ICC.

Last week, Minister in the Presidency Jeff Radebe said the cabinet had noted the ruling by the North Gauteng High Court.

“Cabinet abides by the ruling and has established a technical task team to develop a compliance roadmap,” Radebe said.

He said Nkoana-Mashabane was leading the team working on the roadmap.

“There is a special inter-ministerial committee on the ICC, which is being chaired by the (international relations) minister, so through that process they will be able to apply in detail what this roadmap will be in compliance with the judgment of the court,” Radebe said.

He added the cabinet was aware that Parliament was considering appropriate action to be taken on the matter.

Parliament’s justice and correctional services portfolio committee had already sought public comment.

A statement issued by the UN yesterday stated that South Africa had revoked its withdrawal from the ICC because the high court had found that the approval of Parliament had to be obtained before the withdrawal from the ICC could be made to the UN.

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