TheCable

Dunstan Mlambo, president of Gauteng division of the high court of South Africa, has given the government seven days ultimatum to file an affidavit on how and when President Omar al-Bashir left the country.

He said there was the possibility of prosecuting Malusi Gigaba, the country’s minister of home affairs, and other officials for aiding al-Bashir’s departure.

The South African government has said that it would investigate how al-Bashir, “slipped out of the country”.

Phumla Williams, acting cabinet spokeswoman, said the government noted the judgment of the court barring the Sudanese president from leaving the country.

Williams said that government would also comply with the court order relating to submission of an affidavit outlining the circumstances.

Meanwhile, the South African Litigation Centre (SALC), which brought the urgent order for al-Bashir’s arrest on Sunday, said there appeared to be a prima facie case that the order that he should not leave the country was violated.

Stevens Mokgalapa, a parliamentarian, and member of the Democratic Alliance, said that the South African government had stooped to a “disgraceful and cynical new low’’.

He said that it had demonstrated to the world that it did not believe in justice for grave international crimes.

Mokgalapa said that the flouting of the law sets a disturbing precedent that the executive was allowed to simply ignore the rulings of a high court of South Africa.

“Wrong message have been sent out to the world by our president and other leaders appearing all smiles and relaxed in the company of one of the world’s most wanted men,” he said.

“This is an indication that South Africa does not believe in the rule of law and justice for grave international crimes.”

Al-Bashir fled the country after the court hearing the case on whether he should be transferred to the ICC to stand trial, adjourned for an hour.