Government studying High Court judgment on ICC

Wednesday, February 22, 2017

Pretoria - Government says it will study the judgment delivered by the North Gauteng High Court today, which ruled that the executive never had the power to terminate existing international agreements.

The court ruled that government’s decision to give notice to withdraw from the International Criminal Court (ICC) was unconstitutional and invalid. As such, it ordered government to revoke the notice.

“Government will reflect on the judgment before determining whether there are grounds for appeal,” the Department of Justice and Constitutional Development said in a statement.

Government announced its decision to withdraw from the ICC in October 2016, citing bias against African nations. Government was also of the view that the Rome Statute establishing the ICC was incompatible with the country's domestic laws regarding immunity for visiting foreign Heads of State and government. 

The Democratic Alliance took government to court saying Justice Minister Michael Masutha unlawfully bypassed Parliament when he made the decision and therefore did not act in line with the Constitution. -


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