SA 'fallen to status of problem state'

17 July 2015 - 02:10 By Aarti J Narsee

South Africa is experiencing a "grave constitutional crisis" and is well on its way to becoming a rogue state. This was said by International Centre for Transitional Justice senior consultant said yesterday Howard Varney at a seminar at which international justice in Africa was discussed. The seminar was convened in Pretoria by the Institute for Security Studies.Last month Sudanese President Omar al-Bashir was able to leave South Africa, flying from Waterkloof Air Force Base, in violation of an International Criminal Court warrant for his arrest for crimes against humanity, and a Pretoria High Court order prohibiting him from leaving the country.Varney said: "I don't think South Africa enjoys the same respect [as many other nations] in the international justice system. We have become a problem state and we are well on our way to becoming a rogue state."In my view we are experiencing a grave constitutional crisis."Former Constitutional Court judge Yvonne Mokgoro said she was "still reeling in shock" at what appeared to have been a "blatant disregard" for a court order.She said the "legitimacy and integrity" of the courts were "at risk" when the government ignored and attacked verdicts it did not like.But Deputy Justice Minister John Jeffery said that the government's reaction had been "over dramatised".The government on Monday applied for leave to appeal the High Court ruling to get "questions of law clarified", Jeffery said.He said the International Criminal Court had become "politicised" and mostly targeted African countries.Chief Justice Mogoeng Mogoeng last week asked for a meeting with President Jacob Zuma to discuss senior judges' fears that the independence of the judiciary was being compromised.Said Varney: "Attacks launched against the judiciary are part of the constitutional crisis. This is why [Mogoeng] wants a meeting."But Jeffery said: "The problem is we don't seem to be allowed to be critical of the judiciary."The chief justice has been critical of the executive. Personally I don't agree with him."..

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