SA was one of the ‘greatest stonemasons’ of the Rome Statute: Retired justice Albie Sachs

25 October 2016 - 14:03 By Tmg Digital
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Struggle stalwart Albie Sachs
Struggle stalwart Albie Sachs
Image: Gallo Images/City Press/Leon Sadiki

Struggle stalwart Albie Sachs said he “didn’t go out in the streets and dance when I heard the step had been taken” for South Africa to withdraw from the Rome Statute of the International Criminal Court (ICC).

The announcement was made by Justice Minister Michael Masutha‚ who said the statute impeded SA’s “ability to pursue ideals of peace and stability” as it required the country to detain or prosecute leaders accused of international crimes.

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Sachs‚ a retired Constitutional Court justice‚ was reluctant to “express any opinions on the legality or constitutionality” of the move as it was subject to “litigation” – the Democratic Alliance has approached the highest court in the land to have the decision set aside.

He did‚ however‚ tell Radio 702 that South Africa was one of the “stonemasons” of the Rome Statute.

“It was the late Jackie Selebi‚ who played an absolutely key role in Rome‚ in getting the treaty through. He was praised‚ and SA were praised‚ for using all the negotiating skills to cobble together‚ to get together parties who were very‚ very far apart.

“South Africa‚ I think justly‚ took pride in being on one of the greatest stonemasons‚ as it were‚ of the Rome Treaty‚ which led to the formation of the ICC.”

Sachs said he too shared the view that SA “would be in a strong position to bring improvements to the ICC in its manner of work and in its reach”.

He noted that his “colleague Richard Goldstone”‚ also a former Constitutional Court justice and previously a United Nations investigator‚ found the decision to leave the ICC “to his dismay”.

Sachs‚ when asked about President Jacob Zuma‚ chose to give an “indirect comment” and said of Finance Minister Pravin Gordhan that he was “one of the great builders of South Africa and of the Constitution”.

“Whether he will benefit from the Constitution he helped to create is a matter also before the courts‚ so again I won’t comment on that.”

Critics have said that the prosecution of Gordhan on fraud charges is linked to a Zuma-led plot to capture Treasury.

– TMG Digital

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