DA launches court application to 'compel the arrest of Putin'

The DA has launched an application in the Gauteng High Court requesting a declaration that if Russian President Vladimir Putin arrives in South Africa to attend the Brics summit later this year the government must detain and surrender him to the International Criminal Court (ICC). 

The department of international relations and co-operation (Dirco) has gazetted a declaration that the summit is a “protected event”, stating it will provide diplomatic immunity to attendees of two meetings of officials from the Brics group of countries, a practice the department said is routine.

The Kremlin on Tuesday said Russia would take part at the “proper level” in the summit. It was responding to a question on whether Putin would attend the gathering.

DA MP Glynnis Breytenbach said the party was launching the action to avoid a repeat of the former Sudan president Omar al-Bashir saga, when government failed to arrest the visiting leader in 2015.

Putin is accused by the ICC of being responsible for war crimes of unlawful deportation of children and unlawful transfer of children from occupied areas of Ukraine to the Russian Federation under the Rome Statute.

“This pre-emptory court action aims to ensure South Africa upholds its obligations in the Rome Statute of the International Criminal Court and the Implementation of the Rome Statute of the International Criminal Court Act (Implementation Act),” said Breytenbach. 

The application outlines steps to be taken should a request for Putin’s arrest and surrender be made by the ICC. 

“These steps include the director-general of justice and constitutional development must forward the request to a magistrate in terms of the Implementation Act. Subsequently, any warrant of arrest endorsed by a magistrate must be given effect to by the government, after which Putin must be detained and surrendered to the ICC,” she said. 

“The DA is seeking this declaratory order to ensure there is no legal ambiguity relating to the procedure to be followed and the obligations placed upon the state, should Putin set foot in South Africa.”

Speaking at the release of the quarterly crime statistics on Tuesday, police minister Bheki Cele said Western Cape premier Alan Winde's statement about arresting Putin was “a bark against the lion”.

“That's the kind of statement you tell the people that the springbok will eat the lion. The premier has got nothing to do with that,” said Cele.

“That matter [arrest warrant for Putin] is handled in different places and, as the police, we are not about to pronounce ourselves until we, as a body, are sure all other elements are dealt with. 

“There are many laws involved here that will be led by the justice [department], Dirco, the police and other bodies, the ICC itself, Interpol and all that.”