The School of Law at the University of KwaZulu-Natal (UKZN)‚ said on Tuesday that the decision by the South African government to ignore a North Gauteng High Court interim order preventing President Omar Al-Bashir of Sudan — who is wanted for crimes against humanity — from leaving the country‚ sullied South Africa’s informal position as a leader of the African continent.

The explanation that the South African government was reconsidering its membership of the International Criminal Court (ICC) was no justification for its actions.

“The South African government needs to unequivocally reaffirm its commitment to the Constitution and the rule of law‚ and clarify its position in respect of its international obligations. This reaffirmation should take place not only by words‚ but should be borne out by the actions of the South African government in the future‚” said UKZN.

“The South African government has signed and ratified the Rome Statute creating the ICC and has domesticated the Rome Statute into its national legislation as required by the Constitution. By its actions‚ the South African government frustrated the implementation of a decision of the ICC‚ which‚ by its membership of the ICC‚ it was bound to implement.”

It said that the South African Constitution entrenched checks and balances to safeguard the country’s democracy under the rule of law.

 “The Constitution does not permit deviation from the rule of law‚ which it regards as immutable. However‚ as demonstrated by its actions in this case‚ the South African government seems to regard the rule of law as a suit of clothing: to be worn when it is desirable to do so‚ and to be left in the cupboard when it is not. Such an approach undermines the rule of law‚ which in turn erodes the efficacy of the Constitution‚” said UKZN.