By Lehlohonolo Lehana.
The Presidency has clarified statements from President Cyril Ramaphosa that South Africa would be exiting the International Criminal Court.
Ramaphosa’s office issued a statement late Tuesday seeking to clarify remarks the president made about South Africa withdrawing from the ICC earlier in the day.
“The presidency wishes to clarify that South Africa remains a signatory to the Rome Statute… This clarification follows an error in a comment made during a media briefing held by the governing African National Congress,” presidency said in a statement.
The presidency said “regrettably” Ramaphosa had “erroneously affirmed a similar position” to the ruling party.
During a press conference earlier Tuesday, Ramaphosa said his party had “taken that decision that it is prudent that South Africa should pull out of the ICC.”
He said the decision was a result of discussions over the weekend among party members over the court’s “unfair treatment” of some countries.
“We would like this matter of unfair treatment to be properly discussed, but in the meantime the governing party has decided once again that there should be a pull out,” Ramaphosa said.
The ANC also issued its own statement regarding comments made by the party’s secretary-general Fikile Mbalula about withdrawing from the ICC.
“In outlining this broad context of discussion, an unintended impression may have been created that a categorical decision for an immediate withdrawal had been taken. This is not so,” the ANC statement said.
South Africa is under pressure to take a decision on Russian President Vladimir Putin, who is due to visit this country later year.
The International Criminal Court has issued a warrant for his arrest in connection with the Ukraine conflict.
The statement from the Presidency said that the NEC did consider withdrawing from the statute as a last resort in the absence of legal options that would result in fairness.
Among the options being considered by the government is a legislative amendment that would “domesticate” the Rome Statute.
“This includes provision of article 98 of the statute that requires a waiver of immunities for persons charged by the ICC from third-party countries where there is no referral by the United Nations Security Council,” the presidency said.
“The manner in which the UK domesticated the Rome Statute to incorporate the provisions of article 98 has been recommended as a guideline case study.”
Professor Malte Brosig from Wits University’s International Relations Department said it was unusual for countries to de-sign from the Rome Statute, adding that even if South Africa withdrew from the ICC, the legal procedure would take a year, therefore, keeping the government accountable to uphold the warrant.
“The withdrawal also follows legal procedure, so it takes some time until it has taken full effect. I think it’s around a year or so until you completely de-sign.
“The Rome Statute will still apply to you. So, technically speaking, if Putin travels to South Africa even after the de-signing today, it would still mean we have a legal obligation to execute the arrest warrant that has been issued.”