MEDIA ADVISORY: SOUTH AFRICA’S ICC WITHDRAWAL GOES TO COURT

Salc : Staff Writer

Johannesburg – On Monday 5 December, the North Gauteng High Court will hear arguments challenging the constitutionality of South Africa’s notice of withdrawal from the International Criminal Court.

What: Constitutionality of South Africa’s Notice of Withdrawal from the ICC

Where: North Gauteng High Court

When: 5-6 December 2016 at 10am

On 21 October 2016 the South African government announced that it had deposited its instrument of withdrawal from the Rome Statute of the International Criminal Court (ICC) with the United Nations Secretary General.  This was done without the necessary parliamentary procedures and is now the subject of a legal challenge questioning the procedural and substantive elements of the notice of withdrawal.

The case brought by the Democratic Alliance and all parties to the case of Minister of Justice and Others v the Southern Africa Litigation Centre, (the Bashir case) were cited in the legal papers given their involvement in the Bashir case. SALC is a therefore a party to the proceedings and is seeking to ensure that the civil society perspective is before the Court and has been acknowledged as a “Supporting Respondent”.

SALC’s position is that the South Africa’s instrument of withdrawal is unconstitutional and that it was predicated on a number of material errors of law making it irrational.

Originally the applicants sought direct access to the Constitutional Court, serving their papers on 23 November 2016, and filing in the High Court in the event that the Constitutional Court declined to hear the matter. The Constitutional Court indicated that it would not be in the interests of justice to hear the matter at this stage. As a result the matter will be heard in the North Gauteng High Court.

For more information:

Angela Mudukuti, International Criminal Justice Lawyer, SALC angelam@salc.org.za  +27 10 596 8538

For background on the case: https://www.southernafricalitigationcentre.org/cases/ongoing-cases/south-africa-challenging-the-constitutionality-of-icc-withdrawal/

For Twitter updates: #SAICCWithdrawal

Johannesburg – On Monday 5 December, the North Gauteng High Court will hear arguments challenging the constitutionality of South Africa’s notice of withdrawal from the International Criminal Court.

What: Constitutionality of South Africa’s Notice of Withdrawal from the ICC

Where: North Gauteng High Court

When: 5-6 December 2016 at 10am

On 21 October 2016 the South African government announced that it had deposited its instrument of withdrawal from the Rome Statute of the International Criminal Court (ICC) with the United Nations Secretary General.  This was done without the necessary parliamentary procedures and is now the subject of a legal challenge questioning the procedural and substantive elements of the notice of withdrawal.

The case brought by the Democratic Alliance and all parties to the case of Minister of Justice and Others v the Southern Africa Litigation Centre, (the Bashir case) were cited in the legal papers given their involvement in the Bashir case. SALC is a therefore a party to the proceedings and is seeking to ensure that the civil society perspective is before the Court and has been acknowledged as a “Supporting Respondent”.

SALC’s position is that the South Africa’s instrument of withdrawal is unconstitutional and that it was predicated on a number of material errors of law making it irrational.

Originally the applicants sought direct access to the Constitutional Court, serving their papers on 23 November 2016, and filing in the High Court in the event that the Constitutional Court declined to hear the matter. The Constitutional Court indicated that it would not be in the interests of justice to hear the matter at this stage. As a result the matter will be heard in the North Gauteng High Court.

For background on the case: https://www.southernafricalitigationcentre.org/cases/ongoing-cases/south-africa-challenging-the-constitutionality-of-icc-withdrawal/

For Twitter updates: #SAICCWithdrawal