South Africa’s government will appeal a recent high court judgement that found the state erred in letting Sudan’s President Omar al-Bashir leave the country despite a court order preventing him from doing so.
Government has decided to appeal the recent High Court judgement on the matter relating to President of Sudan Omar al-Bashir,” spokesperson Phumla Williams said in a statement on Monday.
"The reasons for the appeal will be contained in the affidavit that will be submitted within the prescribed due date."
The court has said Bashir should have been arrested to face genocide charges at the International Criminal Court (ICC).
High Court Judge Dustan Mlambo last week requested that prosecutors consider initiating criminal charges over Bashir’s departure from South Africa despite a high court order expressly prohibiting it.
“For this reason, we find it prudent to invite the National Director of Public Prosecutions to consider whether criminal proceedings are appropriate,” said Mlambo.
Bashir went to South Africa to attend an African Union summit despite a high risk of being as South African human rights advocacy groups and lawyer unions had campaigned for his arrest in correlation with the ICC’s warrant.
The ICC issued a warrant for Bashir’s arrest in 2009 on of war crimes charges for ordering a violent crackdown on a rebellion in Darfur.
As a member of the ICC, South Africa is obliged to arrest him and surrender him to the ICC.