Durban - Chief Justice Mogoeng Mogoeng would not be drawn on the burning question of Sudanese President Omar al-Bashir’s narrow escape from justice this week. He instead stayed on the topic of his visit, “growing our economy”, at the Durban Chamber of Commerce and Industry’s “Power Connection” gathering on Thursday.
South Africa’s most senior judge would not comment on whether government broke its own laws when Al-Bashir flew out of the country last Monday despite an interim North Gauteng High Court ruling that he may not leave, and a final one that he should be arrested on the warrant issued by the International Criminal Court.
“The matter is before the North Gauteng High Court. I understand the executive has been asked to file an affidavit explaining the circumstances in which President Al-Bashir left the country. For now, the matter is sub judice.
“South Africans have become as litigious as the Americans. I wouldn’t be surprised if this matter ends up in the Constitutional Court. We have to share the responsibilities of disposing of information, because if I say anything now, I would have to recuse myself later. I will deal with that matter when it comes.”
He called for urgent talks between the ICC and the AU.
Asked earlier in the week whether he was worried about the rule of law possibly not being complied with in this case, he told online newspaper Daily Maverick it was “my responsibility as chief justice of South Africa, but also, as first vice-president of the Conference of Constitutional Jurisdictions of Africa, to ensure that the rule of law is respected everywhere, be it in South Africa or the continent”.
The North Gauteng High Court ordered the Minister in the Presidency and the Minister of State Security to submit an affidavit explaining when and through which port of entry Al-Bashir had been allowed to leave last Monday.
Al-Bashir is wanted by the ICC to stand trial on charges of war crimes and genocide committed in Darfur.
Mogoeng called on business leaders to make a difference, like Mother Teresa. He said the time had come for South Africans to drive change individually, as she had in dedicating her life to helping the poor.
“Mother Teresa did not mobilise people to support her. She identified the problem, looked for the solution and sought to touch the lives of many people the only way she knew how. It is time for South African businesses to identify what divides them, solve those divisions and spend time finding out what unites them and what their common strengths are.”
Mogoeng emphasised that South Africans could resolve their differences in the way the country had handled them in the past.
“We buried our differences to the point where we could find it possible, after the death of Chris Hani, to conclude the processes of making the constitution and vote, hold peaceful elections more than once. Then no problem is too difficult for South Africans to solve.”
Drawing from the economic successes of South Korea and Singapore, two countries that did not have many natural resources in comparison with South Africa, Mogoeng said it was possible to achieve sustainable growth.
“Education was embraced quite aggressively, corruption was rooted out, and merit took centre stage. We have many mineral resources and if we follow their example we can achieve the same success.
“Business has the responsibility to identify corruption, root it out and crush it. I think the business sector would do well if it actively participated in the process designed to root out those practices that bring its community into disrepute,” said Mogoeng.
Sunday Tribune