By
HON. MA MNCWANGO, MP
Honourable Speaker,
It is no coincidence that this matter is brought before this House on this 1st Day of spring, – there is strong argument that South Africa and its governance is indeed in desperate need of a thorough “spring cleaning”.
Honourable Speaker, when a government abuses its executive authority by utterly and contemptuously derogating from international and domestic legal obligations, it strikes a clear blow to the very heart of the foundation-stone of the Rule of Law in our country.
It dismisses with contempt, everything that a democratic and constitutionally supreme South Africa was built upon and stands for.
President Bashir is a wanted man. The United Nations estimates that he is responsible for the deaths of over 300000 people since 2003.
South Africa, through its accession to the Rome Statute in 2000, obligated itself to arrest al-Bashir as soon as he landed on South African soil. Article 86 of the Statute expressly confers a duty on state parties to “cooperate fully with the court in its investigation and prosecution of crimes within the jurisdiction of the court”.
Our executive, through what can only be assumed to be, orders from the State President, not only failed to arrest Al-Bashir when he landed in South Africa but also dismissed with great contempt its own High court rulings that Al-Bashir be detained pending the conclusion of an application brought by the South African Litigation Centre when it acted positively in allowing him to quietly depart via Waterkloof airforce base. In so doing, we flouted not only of international law but also our very own domestic law.
As has been correctly stated, in the draft resolution before this House today, a number foundational legal principles have been trampled upon by this government, namely, sections 1,2, 83(a), 85, 165 and 231(4) of the Constitution; The Rome Statute of 2002; the interim court order of the North Gauteng High Court on 14 June 2015, the court order of 15 June as well as the judgment on the 23rd June.
This government through its actions has defiantly destroyed any standing it held within the community of nations. On an international stage, the message is loud and clear; Under this government, and this President, South Africa is not to be, and cannot be trusted to perform its obligations in terms of any international agreement when it doesn’t suit South Africa.
In conclusion, the Inkatha Freedom Party fully supports the establishment of an ad hoc Committee into the fitness of President to hold office.
I thank you.
Contact: Hon MA Mncwango, MP on 083 448 4896
IFP Media, Parliament
