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Government’s Bashir appeal could provide relief for prosecutions boss

Government’s appeal against a judgement about Sudanese president Omar al-Bashir’s departure from South Africa may buy some time for new prosecutions boss Shaun Abrahams.

Barely a week after being appointed head of the National Prosecuting Authority (NPA)‚ Abrahams was urged by the Pretoria High Court to consider bringing criminal charges against the government for its handling of the Bashir fiasco.

Bashir‚ who attended the African Union summit in Johannesburg‚ flew out of the country despite an interim order grounding him pending judgment on an application for South African authorities to detain him and hand him over to the International Criminal Court (ICC).

Bashir had already left South Africa when a full bench of the court ordered his arrest.

On Monday‚ government spokesperson Phumla Williams announced that government would appeal the high court judgement‚ and would provide its reasons for doing so “in the affidavit that will be submitted within the prescribed due date”.

Last week‚ Judge Dunstan Mlambo said the departure of the Sudanese president — who is wanted for war crimes — demonstrated the state’s disregard for the order.

Giving reasons for the ruling that South Africa‚ as a signatory to the Rome Statute that founded the ICC‚ was obliged to arrest and surrender Bashir‚ Mlambo asked the national director of public prosecutions to consider whether criminal proceedings are appropriate.

“As a court we are concerned with the integrity of the rule of law and the administration of justice‚” he said.

NPA spokesman Luvuyo Mfaku last week said it had noted the judgment on the decision to refer the matter for prosecution‚ saying this was in line with the prosecuting body’s mandate.