The Democratic Alliance (DA) party said it will be “approaching the courts” to stop South Africa’s move to abandon the International Criminal Court (ICC).
A notice of South Africa’s withdrawal from ICC was issued yesterday to the Secretary-General of the United Nations by South Africa’s Minister of International Relations and Cooperation.
The DA highlighted that it will be approaching the courts to set aside South Africa’s withdrawal from ICC on the grounds that it is “unconstitutional, irrational and procedurally flawed”.
According to the Party, Minister Nkoana-Mashabane’s decision to act unilaterally on this matter is a disgrace and shows the depth of impunity and disregard for the Rule of Law within the ANC.
“Clearly she has taken her lead from President Jacob Zuma,” asserted the opposition party.
DA outlined that “Section 231 of the Constitution is clear that binding international agreements become law in the Republic upon ratification by the National Assembly (NA) and the National Council of Provinces (NCOP).”
As such, the party pointed-out that it’s unconstitutional for the Minister to unilaterally exit South Africa from the agreement, without Parliament having repealed the agreement first.
Aside that, DA argued that there has been no public consultation on the decision. “…Thus it flies in the face of the Promotion of Administrative Justice Act,” said the party.
Above all, Maimane’s party proclaimed that the decision is simply irrational given the Constitutional imperatives underlying South Africa’s participation in the ICC and the Rome Statute.
“It is also outrageous that the Minister would seek to anticipate a decision of Parliament with regards to the Implementation of the Rome Statute of the International Criminal Court Act, 27 of 2002.
“While slightly separate from the ratification Act, the Implementation Act would similarly need to be repealed as part of South Africa’s exit from the ICC. Parliament has not passed such an Act and such action by the legislature cannot be presupposed by the Executive.
“In a constitutional democracy such as ours, we cannot accept an Executive that is no longer committed to the fight against genocide, war crimes and crimes against humanity. Certainly, we cannot turn a blind eye to such actions given our own history,” DA stated.
The party asserted that the Minister acted “with a hole in her head” when she decided to submit this withdrawal notice to the United Nations.
“It is unconstitutional, irrational and counter the prescripts of administrative justice,” DA reiterated and charged South Africa’s Withdrawal from ICC must be set aside by the courts.