Sudan's Bashir had no immunity in South Africa, court rules

A South Africa court has ruled that Sudan’s President Omar al Bashir did not have immunity from arrest while attending an African Union summit.

It invited the public prosecutor to investigate if the government had broken the law by letting him leave.

He faced the possibility of arrest due to an International Criminal Court (ICC) warrant on genocide charges.

But he flew out of South Africa before the court ruled on whether the warrant should be carried out.

This was despite a court order for Mr Bashir to stay in the country while the court made a decision.

The BBC reported that Judge Dunstan Mlambo suggested there was reason to believe the South African government had committed a crime by ignoring the court order.

He gave the government 24 hours to explain why and how Bashir was allowed to leave the country.

Justice Mlambo said South Africa had disregarded international law in order to preserve relations with the African Union (AU).

The AU has urged member states not to cooperate with the ICC, accusing it of bias against Africa.

South Africa’s government had argued that Sudan’s president had diplomatic immunity because he was attending the AU summit.

However, the ICC had told South African officials that Bashir should be arrested.

South Africa’s Sunday Times newspaper quoted a government source as saying it was agreed that South Africa would protect Bashir “even if it meant flouting court rulings and undermining the constitution”.

The opposition Democratic Alliance has called for a parliamentary inquiry into the government’s actions.

A leader of the ruling African National Congress said on Monday the International Criminal Court is “dangerous” and South Africa should withdraw from it.

“If I was in government, I would say give notice, get out of that, it was not what was envisioned. It is a tool in the hands of the powerful to destroy the weak and it is a court that is focusing on Africa, Eastern Europe and Middle East,” ANC Secretary General Gwede Mantashe said on Talk Radio 702.