Minister of Justice and Correctional Services Michael Masutha says the Constitution does not make any provision for the executive to seek Parliament's approval before deciding to terminate or make international agreements.
Masutha was talking to Xolani Gwala following his announcement that South Africa is leaving the International Criminal Court (ICC). The processes to begin the withdrawal will soon be started in Parliament.
He said the decision was taken by South Africa’s executive.
Since when is the executive required to be negotiating with Parliament before negotiating and entering into agreement or terminating its participation in those agreements.— Michael Masutha, Minister of Justice and Correctional Services
Masutha explains political and legal reasons which led to SA's withdrawal.
The Security Council which determines which countries are to be referred to ICC, is made up of members, some of who are not even the members of the ICC itself, some of whom have in fact signed that statue and withdrew their signatures.— Michael Masutha, Minister of Justice and Correctional Services
There is a feeling of an an element of hypocrisy in this.— Michael Masutha, Minister of Justice and Correctional Services
Listen to Masutha explain legal reasons for ICC exit in the audio below...
Last year ICC ordered South African to arrest Sudanese President Omar al-Bashir.
Al-Bashir was in the country to attend an African Union summit held in Johannesburg.
He slipped out of the country in contravention of a court order.