ICC withdrawal 'could have been a consultative process'

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Published Dec 5, 2016

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Pretoria - Only Parliament can decide whether South Africa should withdraw from the International

Criminal Court (ICC) and it is not a decision which can be taken by the

executive.

This is according to Advocate Steven

Budlender, on behalf of the DA, who on Monday asked the Gauteng High Court, Pretoria, to set side the

decision to withdraw from the ICC.

A full bench (three judges) are hearing

the application against the Ministers of International Relations and

Cooperation and Justice, as well as against President Jacob Zuma. Various

interested groups such as the Centre for Human Rights and the South African

Litigation Centre have joined the fray.

Government is disputing that the

application is urgent and said that the issue of withdrawal is due to serve

before Parliament next year. It said the approval (for the withdrawal) is

being sought and the necessary notices have already been given.

But Budlender said the government

cannot undo what has already been done. According to him only the court can

now undue South Africa’s

withdrawal.

According to him the matter is urgent as

the withdrawal will come into effect on October 1 in 2017.

This matter had to be concluded by

then, he said, which included that the Constitutional Court will have to have the final say. He

argued that by the time it did serve before Parliament, the latter should know

the court’s stance on the matter.

Budlender made it clear that according

to the DA, government cannot dictate to Parliament as to whether to withdraw

from the Rome Statute or not. He said as long as the Implementation Act

remained in place, government could not decide to withdraw from the ICC.

He questioned why there was no

consultative process prior to the executive “suddenly” announcing that South Africa was withdrawing from the ICC.

“There was no explanation given for

withdrawal… Why was it so urgent to withdraw on October 1 this year? There

could have been a consultative process. Why the sudden withdrawal,” Budlender

asked.

The legal arguments are expected to run

into Tuesday, as the matter was set down for two days.

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Pretoria News

 

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