The application by Democratic Alliance (DA) and non-governmental organisations which seeks to set aside government’s decision to withdraw from the International Criminal Court (ICC) was premature and unsound.
This is the submission made by the advocate for government‚ Jeremy Gauntlett SC‚ as he opposed the application being heard by the full bench of the High Court in Pretoria from Monday.
The DA‚ and other organisations‚ want the court to declare that the withdrawal‚ the notice of which was sent to the United Nations in October‚ was unlawful.
They also want the court to order President Jacob Zuma and the ministers of justice and international relations and cooperation to revoke the notice of withdrawal without delay.
Gauntlett said the main reason the application was premature is that Parliament was dealing with the matter.
After announcing the decision to withdraw from the ICC‚ government announced it had presented a bill to repeal the Implementation of the Rome Statute of the International Criminal Court Act.
The implementation act is the domestic law which enjoins South Africa to apprehend people wanted for international crimes and send them to the ICC.
“This is the first instance I know of I that a formal decision of the executive is sought to be declared invalid‚” Gauntlett said.
Gauntlett said the DA went to court without taking into account the fact that the executive had prepared a bill repealing the implementation act to Parliament.
Gauntlett said a suite of bills had also been submitted to Parliament to deal with South Africa’s obligation to deal with international crime.
“On the facts of this case‚ the concern identified by the DA‚ that there is a palpable effort by executive to bypass Parliament‚ is not a factual proposition. The matter is pending before Parliament.
“On the practical level‚ the notice of withdrawal takes no effect at all until October 2017‚” Gauntlett said.
He also said the notice government sent to the United Nations remained capable of being revoked until it took effect in October 2017.
The matter continues. — TMG Digital
Action to reverse ICC withdrawal is premature‚ government tells court
The application by Democratic Alliance (DA) and non-governmental organisations which seeks to set aside government’s decision to withdraw from the International Criminal Court (ICC) was premature and unsound.
This is the submission made by the advocate for government‚ Jeremy Gauntlett SC‚ as he opposed the application being heard by the full bench of the High Court in Pretoria from Monday.
The DA‚ and other organisations‚ want the court to declare that the withdrawal‚ the notice of which was sent to the United Nations in October‚ was unlawful.
They also want the court to order President Jacob Zuma and the ministers of justice and international relations and cooperation to revoke the notice of withdrawal without delay.
Gauntlett said the main reason the application was premature is that Parliament was dealing with the matter.
After announcing the decision to withdraw from the ICC‚ government announced it had presented a bill to repeal the Implementation of the Rome Statute of the International Criminal Court Act.
The implementation act is the domestic law which enjoins South Africa to apprehend people wanted for international crimes and send them to the ICC.
“This is the first instance I know of I that a formal decision of the executive is sought to be declared invalid‚” Gauntlett said.
Gauntlett said the DA went to court without taking into account the fact that the executive had prepared a bill repealing the implementation act to Parliament.
Gauntlett said a suite of bills had also been submitted to Parliament to deal with South Africa’s obligation to deal with international crime.
“On the facts of this case‚ the concern identified by the DA‚ that there is a palpable effort by executive to bypass Parliament‚ is not a factual proposition. The matter is pending before Parliament.
“On the practical level‚ the notice of withdrawal takes no effect at all until October 2017‚” Gauntlett said.
He also said the notice government sent to the United Nations remained capable of being revoked until it took effect in October 2017.
The matter continues. — TMG Digital
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