Pretoria - The South African government is still studying the order from the International Criminal Court (ICC) requesting it to explain why it did not arrest Sudanese President Omar al-Bashir.
Judges at the ICC this week asked South Africa to explain why it failed to arrest Sudanese President al-Bashir, in June, when he attended the African Union (AU) summit despite an international arrest warrant on genocide and war crimes charges.
In a statement on its website, the ICC said it asked South African authorities to submit by October 5 the reasons for "their failure to arrest and surrender Omar Al Bashir”.
After hearing South Africa's submission, the ICC can decide whether to take the matter to the court's Assembly of State Parties or the UN Security Council.
South Africa, a member of the ICC, is obliged to enforce warrants from the Hague-based tribunal.
Speaking to the media on Wednesday, International Relations Deputy Minister Nomaindiya Mfeketo confirmed receipt of the order which she said will be transmitted to the Justice Department.
“Currently the letter is being studied and at some stage we will determine our next course of action,” said the Deputy Minister.
“The matter is sub judice. It's in the courts,” Deputy Minister Mfeketo said.
Bashir was able to leave the summit and fly home in defiance of a ruling by a South African court ordering his detention under a warrant from the ICC.
Government has been arguing they let him leave because he had immunity as a guest of the AU.
Failure to arrest Bashir, who also continues to travel to other African countries, has been met with condemnation by rights groups and some governments, including the United States.
However, many AU members have accused the ICC of targeting only African leaders. – SAnews.gov.za
