The Presidency has wished to clarify that South Africa remains a signatory to Rome Statute and will continue to campaign for equal and consistent application of international law.
In a statement released the President Spokesman, Vincent Magwenya, contrarily to public discussion and pronouncements on South Africa’s participation in the International Criminal Court (ICC).
While this clarification follows an error in a comment made during a media briefing held by the governing African National Congress (ANC) on South Africa’s status with regard to the ICC.
It stated that regrettably, the President, Cyril Ramaphosa erroneously affirmed a similar position during a media session on Monday.
It was clarified that South Africa remains a signatory to the ICC in line with a resolution of the 55th National Conference of the ANC, held in Dec, 2022, to rescind an earlier decision to withdraw from the ICC.
Stated further that the December resolution was reaffirmed at a meeting of the National Executive Committee (NEC) of the ANC during the weekend of 21 to 24 April 2023.
The NEC had also reflected on the potential withdrawal from ICC as an option that would arise as a measure of last resort in the absence of legal options that would result in fairness and consistency in administration of international law.
In remaining a signatory to the Rome Statute, South Africa is guided by the importance of strengthening institutions of global governance.
Accordingly, South Africa will work to invigorate the Malabo protocol that would establish continental criminal court that would complement the ICC as a court of last resort.
Furthermore, South Africa is considering a legislative amendment that would domesticate the Rome statute so that it reflects all the articles of 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 manner in which the UK domesticated the Rome Statute to incorporate the provisions of article 98 has been recommended as a guideline case study”, the statement added.
Meanwhile, it was reported that South African President said he wants to take his country out of the International Criminal Court, weeks after the court issued an arrest warrant for Russian President Vladimir Putin.
Presidenct Ramaphosa’s comments on Tuesday came during a joint Press Conference with Finnish President Sauli Niinisto, who came to South Africa on a state visit.
“The governing party, the ANC, has taken the decision that it is prudent that South Africa should pull out of the ICC largely because of the manner in which the ICC has been seen to be dealing with these types of problems,” said Ramaphosa.
According to him, “Our view is that we would like this matter of unfair treatment to be properly discussed, but in the meantime, the governing party has decided again there should be a pull-out, so that will be a matter that will be taken forward.”
South Africa’s relationship with Russia has been a pressure point in recent months. Rather than shunning Putin in the wake of the full-scale invasion of Ukraine, Ramaphosa’s government instead maintained normal ties with Russia.
President Ramaphosa’s pronouncement comes at a time all eyes are on South Africa ahead of the BRICS Summit in August.
Also reports gathered on Monday, Moscow said it was still considering whether Putin would attend the multi- lateral meeting of BRICS group of nations (Brazil, Russia, India, China, and South Africa), to be held in South Africa.
Since South Africa is party to the Rome Statute and a member of the ICC, the country would be obligated to arrest Putin if he touched down in the country.