Government’s request to the International Criminal Court (ICC) for a deadline extension is a delaying tactic so it can allow Sudanese President Omar Al-Bashir back into South Africa‚ the Democratic Alliance (DA) said.

The ICC had given SA until Monday to outline its stance on why it failed to execute its warrants of arrests against Bashir when he visited this country for an African Union Summit in June.

This request was made‚ the department of international relations and co-operation (Dirco) said‚ with a view to assess whether South Africa was in breach of its obligations to co-operate with the court‚ but government “approached the court for more time…in view of the complex and conflicting legal principles involved”.

The DA’s Stevens Mokgalapa said government’s failure to meet the ICC’s deadline “is a thinly veiled attempt to allow Al-Bashir back into South Africa in December to attend the Forum on China-Africa Co-operation Summit (FOCAC)”.

Mokgalapa cited a government tweet on Monday — “AU invited Heads of State & Government of all AU Member States‚ including President Omar Al-Bashir of Sudan‚ to attend the Summit” – which‚ he said‚ “signals clearly that they fully intend to yet again break the law and host Al-Bashir for the FOCAC summit”.

“This statement signals two further issues. First‚ the Government will be applying to the Supreme Court of Appeal to overturn the High Court judgement that the failure to detain Al-Bashir was inconsistent with the Constitution‚” said Mokgalapa.

“Second‚ it is highly likely that when they discuss the matter with the [ICC’s Secretariat of the Assembly of States Parties] in November‚ they will use the now-infamous sub judice rule to yet again postpone submitting reasons for letting Al-Bashir leave South Africa without being arrested‚ and therefore allow Al-Bashir to attend the FOCAC summit in South Africa in December.

“This flagrant abuse of and disregard for international and domestic law cannot be allowed to stand.”