Decision to withdraw from ICC unconstitutional: South African court

By Zelda Venter | IOL |

Cabinet’s decision to withdraw from the International Criminal Court was on Wednesday overturned by the Gauteng High Court, Pretoria.

Three judges found that government did not act in line with the Constitution when it bypassed Parliament by withdrawing South Africa from the ICC.

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.

The court ordered that the notice of withdrawal from the ICC without prior parliamentary approval is invalid. Government was ordered to “forthwith” revoke the notice of withdrawal.

The DA earlier asked the court to set aside the decision to withdraw from the ICC.

A full bench (three judges) heard 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 also joined the fray.

Government disputed that the application is urgent and said that the issue of withdrawal is serving before Parliament, but the court on Wednesday found the matter was in fact urgent.