Application to set aside government's decision to withdraw from ICC urgent - DA

Democratic Alliance has told the High Court in Pretoria the application to set aside government's decision to withdraw from the International Criminal Court (ICC) should be finalised before withdrawal comes into effect in October 2017.

The Democratic Alliance is arguing four points in the case represented by Advocate Steven Budlender.

The first point is to whom power is conferred to withdraw from ICC in terms of the Constitution. he DA argues it lies with parliament while government say it lies with the Executive.

Secondly the DA has argued that procedurally the matter should have been debated in Parliament before the executive makes the decision.

The DA argues that when it does go to Parliament, Parliament will not argue whether South Africa should withdraw from ICC or not, but will be arguing whether the executive has made the right decision, and that is a problem.

Barry Bateman, EWN reporter

Thirdly the DA argues that while South Africa has the Implementation Act, it is not possible to withdraw from ICC.

Fourthly, DA also argued that withdrawing from ICC undermines South Africa's obligation to uphold human rights internationally and locally tabled in the Bill of Rights.

In October Minister of Justice Michael Mashutha announced the withdrawal saying being a signatory to the Rome Statute undermines South Africa's role in peace and stability geo-politically.

Listen to the audio below to hear more arguments from the DA...

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