The Supreme Court of Appeal (SCA) has found that the South African government’s failure to arrest Sudanese President Omar al-Bashir, during the previous African Union summit, was unlawful.
Al-Bashir fled the country last year, despite a court order seeking his arrest and surrender to the International Criminal Court (ICC).
International criminal justice lawyer, Angela Mudukuti says the Southern African Litigation Centre (SALC) believes that an important principal has been upheld.
We are thrilled with the outcome...The court has made it clear that South Africa had a duty, in terms of domestic and international law, to arrest President Omar al-Bashir.— Angela Mudukuti, SALC International criminal justice lawyer
Mudukuti explained the global importance of the ruling saying it sends a clear message that South Africa should not be treated as a safe haven for suspected perpetrators of war crimes.
Meanwhile, government official Mthunzi Mhaga says they are disappointed, but haven't yet fully reflected on the court's judgement to decide on whether to appeal at the Constitutional Court.
Listen to the full conversation from The Midday Report with Stephen Grootes: