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The DA has received confirmation that the judgement in our application to the North Gauteng High Court to have South Africa’s withdrawal from the International Criminal Court (ICC) set aside on the grounds that it is unconstitutional, irrational and procedurally flawed, will be handed down on Wednesday, 22 February 2017.

The DA contends that Justice Minister, Michael Masutha, acting on behalf of the ANC government, did not act in line with the Constitution as he unlawfully bypassed Parliament when he withdrew South Africa from the ICC.

Withdrawing from the ICC requires the National Assembly to repeal the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which incorporates the Rome Statute into domestic law.

The intention to leave the ICC also directly contradicts South Africa’s commitment to international justice and human rights. We have seen how our country’s approach to foreign policy under Jacob Zuma has been at loggerheads with the human rights-based foreign policy spearheaded by the late President Nelson Mandela.

By irrationally withdrawing for the ICC, South Africa is out of touch with other progressive and democratic nations on the continent.

Last week Gambia announced that it would re-join the ICC, in line with many African countries who have reaffirmed their commitment to the ICC and who recognise the role it has to play in holding those guilty of the worst human rights violations to account.

South Africa should take heed of the positive example set by other African countries and follow suit.

Issued by DA