DA files papers with ConCourt opposing ICC pull-out

24 October 2016 - 20:30 By Nomahlubi Jordaan

The government's decision to withdraw its membership of the International Criminal Court (ICC) is both unconstitutional and a breach of the Bill of Rights‚ the Democratic Alliance (DA) has argued in papers filed with the Constitutional Court on Monday. The DA filed an affidavit to the court for direct access to challenge the Cabinet’s decision which Justice Minister announced on Friday‚ a decision the party says marks a shift in the country’s standing in the international community and its commitment to social justice. "The South African Government delivered the notice of withdrawal without consulting with Parliament‚ the only body that can give the Executive a mandate to withdraw from the ICC given the domestic legislative implications such a decision has‚" the DA said in a statement. "Withdrawing from the ICC would require Parliament‚ specifically the National Assembly‚ to repeal the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (“Implementation Act”)‚ which incorporates the Rome Statute into domestic law."The party’s grounds for challenging the government’s decision are that:The notice of withdrawal is in breach of section 231(2) of the Constitution‚ as it was delivered without first securing a resolution of Parliament authorising South Africa’s withdrawal from the Rome Statute;It was unconstitutional and unlawful to deliver the notice of withdrawal prior to Parliament having first decided to repeal the Implementation Act;The notice of withdrawal is procedurally irrational‚ as it was delivered without any process of consultation with Parliament and the public; andThe notice of withdrawal is a breach of the state’s section 7(2) duty to respect‚ protect‚ promote and fulfil the rights contained in the Bill of Rights.The DA said government has acted with "haste and in antithesis with the democratic principles of transparency and consultation. This therefore forces us to ask the question: is the South African Government committed to justice and human rights?'A withdrawal from the ICC‚ according to the DA‚ will substantially weaken the protections afforded to the rights of South African citizens and foreign citizens alike.'We will not cross our arms while the ANC-led South African Government tears away at the values contained in the Bill of Rights and compromises the foundations of our constitutional democracy."..

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