Hannah Omarjee | homarjee@radioislam.co.za
1 May 2023 | 17:00
2 min read

Photo Credit: News24

Minister in the Presidency, Khumbudzo Ntshavheni, has warned against a repeat of the 2015 incident where former Sudanese President Omar al-Bashir escaped arrest. The South African government is currently faced with the challenge of dealing with the International Criminal Court’s (ICC) arrest warrant for Russian President Vladimir Putin, who is expected to attend the BRICS Summit in South Africa in a few months.

Ntshavheni has stated that alternative options aside from arresting Putin are available to South Africa. In an interview with Radio Islam International, Advocate Modidima Mannya, a legal analyst, shared his thoughts.

According to Mannya, the government making and backtracking its membership with the ICC was not a mistake but a result of miscommunication. South Africa initially announced its intention to withdraw from the Rome Statute in 2017. It has since decided to remain a member and amend its domestication of the Statute. Mannya explained that the government’s new stance is motivated by a desire to pursue a transformation agenda. The Rome Statute has been a topic of debate within the African Union, with several countries expressing their dissatisfaction and threatening to leave the ICC.

There is speculation that the ICC operates with double standards, particularly towards African countries under the Rome Statute. Some believe the African National Congress (ANC) should take a more coherent stance. Mannya stated that African leaders are frequently on the ICC’s agenda, while Western countries that have committed war crimes, crimes against humanity, and aggression have not faced any consequences.

Despite this, Mannya considers the ICC a necessary international instrument for a good purpose that is being misused. According to Mannya, the South African government has limited options. Once a country signs the Statute, it must follow its instructions or risk sanctions imposed by United Nations General Assembly.

According to Mannya, in particular situations, a member state may request the ICC to relieve it of its obligation to act on the warrant issued, an option the South African government should consider. The Russian government has clarified that if President Putin is arrested, it will be a declaration of war. South Africa is a small country with only 2% of Russia’s military capability.

Mannya said, “Don’t think the Russian Defence Force doesn’t have the capability to land here and remove President Putin if that becomes necessary. Now the question is, will the President and the cabinet of the Republic of South Africa want to see that kind of crisis emerge simply because you fear a diplomatic fallout.”

According to Mannya, South Africa has two options to deal with the ICC warrant. One is to inform the ICC that the warrant will not be executed, and the other is for the government to approach the Constitutional Court, as it is a constitutional matter.

Mannya said, “The Rome Statute is not superior to our Constitution.”

Even if President Putin is arrested, he still has the right to challenge the warrant, and the court may find procedural irregularities, ultimately leading to his release.

Mannya believes South Africa should not be forced to do the dirty work for Western countries.

Listen to the full interview with Ml Ebrahim Daya on Your World Today here