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Democratic Alliance v Minister of International Relations and Cooperation and Others (Council for the Advancement of the South African Constitution Intervening) (83145/2016) [2017] ZAGPPHC 53

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Democratic Alliance v Minister of International Relations and Cooperation and Others (Council for the Advancement of the South African Constitution Intervening) (83145/2016) [2017] ZAGPPHC 53

22nd February 2017

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International treaty – Rome Statute of the International Criminal Court – notice of withdrawal in terms of article 127(1) – Section 231 of the Constitution of the Republic of South Africa – whether the power of the national executive to negotiate and sign an international treaty includes the power to withdraw from such treaty without prior parliamentary approval – whether parliamentary approval may be sought after notice of withdrawal had been delivered to the United Nations.

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