Pretoria – Opposition party, the African Transformation Movement (ATM) has written to President Cyril Ramaphosa, urging him to resuscitate South Africa’s bid to withdraw from the Rome Statute of the International Criminal Court (ICC) before the 15th BRICS summit scheduled for Durban in August.
Controversy has mired the upcoming the BRICS summit, after the ICC issued a warrant of arrest for Russian President Vladimir Putin, accusing him of committing war crimes in the ongoing Russia-Ukraine war.
The letter to Ramaphosa, written by ATM leader Vuyo Zungula, seen by IOL, is also addressed to Justice and Correctional Services Minister Ronald Lamola, and International Relations Minister, Dr Naledi Pandor.
Zungula highlighted South Africa’s previous bid to withdraw from the ICC, which was thwarted on a technicality by the High Court in Pretoria in February 2017, and urges the government to follow correct procedure this time, and dump the Rome Statute of the ICC.
“It is common cause that the North Gauteng High Court of the Republic of South Africa has on 22 February 2017, issued a judgment in the matter between the Democratic Alliance and the Minister of International Relations and Cooperation and others and found that the approval of the Parliament of South Africa had to be obtained before the instrument of withdrawal from the Rome Statute of the International Criminal Court can be deposited with the United Nations as provided for In Article 127(1) of the Rome Statute of the International Criminal Court,” Zungula wrote.
Consequently, the superior court ruled in favour of the DA, finding that, at the time, the government’s submission of an instrument of withdrawal from the ICC was “unconstitutional and invalid”.
“In order to remedy this technical defect pointed out by the High Court, the ATM is calling on you to urgently resuscitate the earlier submission by the 5th administration; seek approval from Parliament and on exactly the same grounds that were submitted before, resubmit the withdrawal from the Rome Statute of the ICC accordingly,” Zungula said.
“The forthcoming BRICS meeting to be hosted by South Africa in August 2023, is too important for the country to allow it to either be overshadowed by President Vladimir Putin’s absence or arrest on our soil.”
The South African government has recently indicated that Putin has been formally invited to attend the 15th BRICS summit later this year, but the matter has become a headache for Pretoria after the ICC issued a warrant of arrest for the Russian leader.
The warrant of arrest means South Africa, which is a signatory to the Rome Statute of the ICC, would be obliged to arrest Putin and hand him over, if he sets foot on its soil.
However, Zungula cautioned that any attempt to detain the Russian president would be detrimental for South Africa.
“If the intention of the government, is to arrest President Vladimir Putin, then we would strongly caution against such an act. You would be aware of the recent statement made by the former President of Russia and current deputy chairman of the Security Council of Russia Mr Dmitry Medvedev, when he said that, if President Putin were to be arrested on foreign soil, that act would be interpreted as ‘a declaration of war’.
“And we cannot stress this point enough, South Africans do not intend for this country to be a war-zone like Eastern Europe,” Zungula said.
Zungula said Putin’s absence at the upcoming BRICS summit was not a viable solution.
“If President Putin is asked not to attend this important BRICS summit, it would play to the western narrative that his friends have isolated him, and that would undermine the historic BRICS summit later this year.
“Putin’s absence at the insistence of the South African government, would not only undermine the de-dollarisation process initiated by BRICS nations and other progressive nations of the world but could further discourage other heads of state from attending what is supposed to be a historic summit,” Zungula said.
Last week, the ruling ANC said it is conducting internal consultations about the implications of the ICC’s warrant of arrest issued for Putin, a close ally of Pretoria who is scheduled to visit South Africa.
As months edge closer before the landmark BRICS summit, ANC national spokesperson Mahlengi Bhengu-Motsiri said the party was weighing its options.
“The ANC has taken note of the ICC’s decision on Russian President Vladimir Putin and it is engaging its deployees in government to gain an in-depth understanding about the implications of this route taken by the court,” she said.
EFF leader Julius Malema has also weighed in on the debacle, insisting that no one would block or arrest Putin if he visits South Africa for the scheduled BRICS summit.
“Putin is welcome here, and no one is going to arrest Putin. If need be, we are going to fetch Putin from the airport, take him to his meeting where he will address and finish his meetings, and we will take him back to the airport,” Malema told journalists in Joburg.
“We are not going to be told by these hypocrites of the International Criminal Court who know the real violators of human rights, the murderers of this world.
“The former prime minister (of England) Tony Blair admitted that he made a horrible mistake when it comes to Saddam Hussein – they have not been charged today. Bush is still there, and they have not been charged. Barack Obama killed (Muammar) Gaddafi, and nothing has happened.”
Putin is expected to attend the BRICS summit with Ramaphosa, President Xi Jinping of China, President Lula da Silva of Brazil and Indian Prime Minister Narendra Modi.
Xi met Putin last month during the Chinese leader’s first visit to Moscow since the invasion of Ukraine.
IOL