Civil society organisations today said South Africa will be defying its Constitution and law if it persists with a decision to refuse to co-operate on an international arrest warrant issued for Sudan's President Omar al-Bashir. In a statement released by the organisations, the decision by the African Union (AU) represents the most serious challenge to the struggle against impunity and lawlessness on the African continent. 

The statement was signed by, among others, Anglican Archbishop Emeritus Desmond Tutu and former International Criminal Tribunal Chief Prosecutor Richard Goldstone. The decision not to co-operate with the International Criminal Court (ICC) on the arrest of al-Bashir was made at a meeting of African heads of state at the Assembly of the AU earlier in July. 

Al-Bashir has been indicted by the ICC for war crimes and crimes against humanity, allegedly committed in Darfur. The statement said neither the President nor the Foreign Minister is reported to have raised any objections to the decision. It further states that should the South African government persist with its support for the decision it will do so in open defiance of its own Constitution and law. 

Others to sign the statement include Dumisa Ntsebeza, the former Commissioner on the International Commission of Inquiry on Darfur, former Education Minister Kader Asmal, the Centre for Applied Legal Studies, the Centre for Human Rights and the Centre for Justice and Crime Prevention.

Karthy Govender, Commissioner of the South African Human Rights Commission says the statement is intended to convey to government the extent of opposition from civil society organisations for its decision not to comply with its national and international legal obligations. 

The organisations have also come out to remind government that its decision impacts profoundly on the rule of law, both locally and internationally. On Tuesday, the Democratic Alliance urged International Relations and Co-operation Minister Maite Nkoana-Mashabane to follow Botswana and Uganda's example regarding the Sudanese President. And on Monday, Uganda's International Affairs Minister stated that "it is a legal obligation for Uganda to arrest al-Bashir". - Sapa