It has become theatre of the absurd, and a farce without anything at all funny about it. If the South African government genuinely has no knowledge of the whereabouts of visiting Sudanese President Omar al-Bashir, who is wanted by the International Criminal Court (ICC) on charges of alleged war crimes and genocide relating to atrocities in the Darfur conflict, then it is grossly incompetent, and its security at Waterkloof Airforce base woefully unsecured. A far more likely scenario is that the government has lied to its own judiciary, and knows exactly where Al-Bashir is, as it does all participants at the AU summit that ends today. It also knows full well that Al-Bashir has fled the country on his plane that was spotted taking off from SA today from Waterkloof, in defiance of a court order yesterday. That was after judges in the Pretoria High Court resumed hearing arguments today by the SA Litigation Centre’s on why Al-Bashir should be arrested and handed over to the ICC. What has become clear over the past two days is that the ANC-led government would indeed prefer to defy its judiciary, and its obligations to the ICC, rather than incur the wrath of other African nations by handing over an international fugitive from justice. – Marika Sboros
By Thomas Hartleb
Sudanese President Omar al-Bashir. REUTERS/Siphiwe Sibeko
Pretoria (News24) – The SA government seems to think Sudanese president Omar al-Bashir is still in the country, but according to a tweet by a prominent journalist his plane has taken off.
As the High Court in Pretoria started hearing an application to order the government to arrest him for war crimes, lawyer William Mokhari SC, for the government, was asked by the judges whether Al-Bashir was still in South Africa.
“To the best of our knowledge as government, he is still in the country,” replied Mokhari.
But minutes later, shortly after the court adjourned for an hour, Netwerk24 journalist Erika Gibson tweeted that his jet had taken off.
Netwerk24 photographer Alet Pretorius later tweeted photos of Al-Bashir’s plane flying off.
He is wanted by the International Criminal Court to stand trial on charges of genocide and crimes against humanity committed in Darfur.
Five ports of entry had not confirmed receipt of an interim order that Al-Bashir was not allowed to leave the country, the High Court in Pretoria also heard on Monday.
This information was presented to three judges shortly before Netwerk24 journalist Erika Gibson tweeted that Al-Bashir’s plane had departed from Waterkloof airport in Pretoria. It was not clear if he was on the plane.
Mokhari told the court that it was not clear if Al-Bashir’s name was on the list of officials who boarded a plane to Sudan, which reportedly took off from Waterkloof airport.
This while Al Jazeera News quoted a Sudanese information minister on Monday morning saying that Al-Bashir was “coming back to our country in one or two hours”.
Waterkloof airport does not have immigration officials full-time, said Mokhari.
“But I’ve been assured despite that, that Waterkloof was also notified and the person in charge this morning was informed of the interdict,” said Mokhari.
Diplomatic immunity
The SALC had applied for South Africa to enforce two warrants for Al-Bashir’s arrest issued by the International Criminal Court (ICC) in 2009 and 2010 relating to alleged war crimes and genocide.
It said that on Saturday the ICC ruled that diplomatic immunity did not apply to heads of state wanted for trial and issued a plea to South Africa to arrest him to stand trial.
Al-Bashir was in South Africa to attend an African Union summit in Johannesburg, where he believed he would be protected against an international arrest warrant. It concludes on Monday.
On Sunday, Judge Hans Fabricius ordered that the Department of Home Affairs ensure that all points of entry and exit be informed that al-Bashir is not allowed to leave until the SA Litigation Centre’s (SALC) application that South Africa arrest him, is concluded.
Mokhari was speaking ahead of an application by the SALC for the court to issue an order for the arrest by Al-Bashir.
Ports of entry
He arrived in the country on Saturday for a two-day African Union summit in Johannesburg that ends on Monday.
The order required the Department of Home Affairs director general to effect service of the order on all ports of entry.
Mokhari told the court that five ports of entry still had to confirm receipt of Judge Hans Fabricius’s interim order, handed down on Sunday, that Al-Bashir be prevented from leaving the country.
Mokhari asked the court to adjourn until 14:00 to allow the judges to study affidavits filed by the ministers of home affairs and international relations.
Isabel Goodman, for the SALC, asked the court to deal with the matter urgently, given the fact that five ports of entry had not confirmed receipt of the interim order.
“We don’t wish to rush the bench. But we say that the matter remains urgent and there remains a very real risk that President Al-Bashir will leave.”
After court adjourned, rumours began circulating among journalists that Al-Bashir had left South Africa from Air Force Base Waterkloof.
Mlambo adjourned the matter for an hour.
Agence France-Presse reports that the Sudanese president’s hurried exit from South Africa immediately sparked anger from rights’ groups.
“(The) world stood (with) South Africa to fight apartheid but it stands for impunity for mass murder of Africans,” Kenneth Roth, director of Human Rights Watch, said on Twitter.
“South Africa has shamefully flouted ICC and domestic court to free man wanted for mass murder of Africans,” he added.
South Africa is a signatory of the ICC, which has often been criticised for only targeting Africa leaders.
“President Bashir’s plane took off from Johannesburg and will arrive around 6:30 pm (1530 GMT),” State Minister for Information Yasir Yousef told AFP in Khartoum.
“Bashir will address the crowds that will gather to meet him.”
Sudan officials in Johannesburg had earlier brushed off the court case and said the South African government had given them assurances about Bashir’s trip before the summit.
Bloody conflict
The ICC indictments relate to the western Sudanese region of Darfur, which erupted into conflict in 2003 when black insurgents launched a campaign against Bashir’s Arab-dominated government, complaining of marginalisation.
Khartoum unleashed a bloody counter-insurgency using the armed forces and allied militia.
The United Nations says 300,000 people have been killed in the conflict and another 2.5 million forced to flee their homes.
Khartoum, however, disputes the figures, estimating the death toll at no more than 10,000.
The ICC had called on South Africa “to spare no effort in ensuring the execution of the arrest warrants” against Bashir, 71, who seized power in Sudan in an Islamist-backed coup in 1989.
The European Union had issued a statement saying it “expects South Africa… (to act) in executing the arrest warrant against any ICC indictee present in the country.”
The United States, which is not a participant in the ICC, said it “strongly support(ed) international efforts to hold accountable those responsible for genocide, crimes against humanity and war crimes.”
