South Africa vows to investigate how Sudan’s Bashir left the country
despite court order

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June 15, 2015 (KHARTOUM) – The South African government issued a
statement on Monday vowing to probe the manner by which Sudanese
president Omer Hassan al-Bashir left the country despite a local court
ruling ordering him to remain in the country until a decision is made
on a case pertaining to him.

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“Government notes the judgment of the North Gauteng High Court on the
matter regarding Sudanese President Omar Al Bashir,” reads a brief
statement attributed to South Africa’s acting cabinet Spokesperson
Phumla Williams.

“As indicated in court, government will enquire the circumstances
under which President Al Bashir left the country. We will also comply
with the court order relating to submission of an affidavit outlining
these circumstances”.

As far as the judgment ruling related to Bashir’s immunity, Williams
said that they will await “written reasons of the judgment” which is
expected to come out in a week.

This is the first official comment by Johannesburg since the Bashir
row erupted over the weekend.

Earlier today, the High Court judges handed down a decision ordering
Bashir’s arrest despite government assertions on his immunity.

"The respondents are forthwith compelled to take all reasonable steps
to arrest President Bashir ... and detain him pending a formal request
for his surrender from the International Criminal Court," presiding
Judge Dunstan Mlambo was quoted as saying by local South African
media.

But when the decision was being read, Bashir had already left the
country. This was communicated to Judge Mlambo by the government
attorney right after he read the ruling adopted unanimously by the
court.

The government attorney had been telling the court in the first part
of the proceedings that he believes that Bashir is still in the
country.

Judge Mlambo expressed concern that Bashir was allowed to leave
despite the court order and ordered the government to file an
affidavit explaining how that happened in what appears a step before
determining who will be held in contempt of court.

"It is of concern to us, as a court that an order issued was ignored" he said.

Despite the government suggestion that Bashir ’sneaked out’ of the
country without their knowledge, it is understood that his outbound
flight was facilitated by South African officials who saw him off at
the airport and cleared his plane for takeoff at Waterkloof military
airport.

Southern Africa Litigation Centre (SALC), which brought the case
against Bashir, expressed satisfaction with the court ruling today
despite Bashir being allowed to leave.

“I think we are delighted with the court decision,” Caroline James
from SALC told Sudan Tribune by phone from Johannesburg.

James said that while they have yet to see the reasoning behind the
court’s decision, they believe the judges affirmed that the government
had no right to grant immunity to Bashir and overrule constitutional
and international obligations.

“This is really really good,” she said before adding that the decision
will likely result in a political fallback specially when the
government files the affidavit explaining how Bashir managed to leave.

Asked about the next steps, James said that once the affidavit is
served, SALC will have its lawyers review it before deciding on
whether to pursue contempt charges against government officials.

(ST)

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Kind regards,

The Sudan Tribune editorial team.

    16 June 01:00, by dinkdong

    Liars! Who they think they are fooling. They (the court and the
entire gov’t) all knows how Bashir got away.

    repondre message
    16 June 03:24, by Kenyang

    Look like nice trip to everyone. Dr. Riek attained warm meals
while his goons btn celebrating Al Bashir safe return will get AU
justice. Cool.

    repondre message
        16 June 14:51, by Lango2010

        Bashir is a Hero, i honour him. left South Africa at day time
no sneaking, let them liar to the world. i hope even if Bashir go to
Huge "ICC head quarter" he will go in their eye. ICC is not a
sincerely organization but established against African Leaders only.

        repondre message
            16 June 15:01, by Lango2010

            i only blame African leaders for not leaving the power
after their team office, that led more death among African people
always, I only recommend if African Leaders and law makers established
African Criminal Court beside AU to over see African problem but not
in Europe.

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