Pretoria - The government is prepared to detail the circumstances around the controversial departure of Sudanese President Omar al-Bashir to the High Court in Pretoria on Thursday, a senior government official said.
Acting cabinet spokesperson Phumla Williams told African News Agency that the affidavit requested by Judge President Dunstan Mlambo would be filed at midday.
“Unfortunately, we do not have the document right now but it will eventually become a public document. The State will file its affidavit at 12,” said Williams.
“I am sure you can get yourself a copy from the court.”
Numerous local and international reporters were milling in court corridors on Thursday morning anticipating a court session on the State filing its affidavit. They started leaving when there was no court session on the matter.
Last week Mlambo said the court wanted an explanation as to why al-Bashir was allowed to leave South Africa on June 15, despite an interim court order barring him from departure issued by Judge Hans Fabricius on June 14.
“We request an affidavit to be filed with the registrar of this court within seven days, disclosing the time when he left, the port of entry or exit that he used,” Mlambo the government’s lawyer William Mokhari.
“It is of concern to this court that it issues orders and then things just happen in violation of those orders. Be that as it may, that is an order we issue under the circumstances.”
On Wednesday, Mlambo said there were still nagging questions on the al-Bashir exit.
“Perhaps the questions that can be asked about the apparent non-compliance with this court’s explicit order of Sunday, June 14 are: How was it possible that President al-Bashir with his whole entourage would travel from Sandton to Waterkloof Air Base without any of the respondents’ (government officials) knowledge?” Mlambo questioned on behalf of a full bench, that included Judge Aubrey Ledwaba and Judge Fabricius.
“How was it possible that the Sudanese plane would take off from the Waterkloof Air Base without the respondents knowing whether President al-Bashir was on board or not? How would the plane land in Sudan by late afternoon, if it had not departed at about noon? The answers suggest themselves,” he said.
The judges then requested newly-appointed National Director of Public Prosecutions Shaun Abrahams to consider initiating criminal charges over al-Bashir’s controversial departure.
The court found that al-Bashir, who is wanted by the International Criminal Court (ICC) for charges of genocide, war crimes and crimes against humanity, did not have immunity from arrest while attending an African Union summit in Johannesburg.
“The departure of President al-Bashir from this country in the full awareness of the explicit order of Sunday, June 14, objectively viewed, demonstrates non-compliance with that order,” said Mlambo.
“For this reason, we find it prudent to invite the National Director of Public Prosecutions to consider whether criminal proceedings are appropriate.”
Al-Bashir has been indicted by the ICC for war crimes, crimes against humanity and genocide against some of the tribes of Sudan’s western Darfur region. Two warrants of arrest were issued against him in 2009 and 2010.
As a member of the ICC, SA is obliged to arrest him and surrender him to the ICC.
The application before the High Court in Pretoria was brought by non-governmental organisation, the Southern Africa Litigation Centre, which sought to compel government to fulfil its obligations to the ICC.
Last week, President Jacob Zuma announced the appointment of Advocate Shaun Abrahams as the new NDPP.
ANA