She should also state unequivocally whether or not South Africa would arrest al-Bashir should he visit South Africa, he said.
Earlier this week Uganda’s international affairs minister stated that “it is a legal obligation for Uganda to arrest Bashir if he comes to Uganda” and that if al-Bashir arrived in Uganda “we would ensure that he is arrested”.
The stance adopted by the AU on July 3 – without dissension from South Africa’s representatives – flew in the face of South Africa’s Constitution, which mandated that South Africa was bound by international agreements upon ratification by Parliament.
In the case of the International Criminal Court, Parliament passed an International Criminal Court Act in 2002, which effectively bound South Africa to the Rome Statute.
“This makes the enforcement of the AU’s decision an unconstitutional act in South Africa.
“For this reason, Minister Nkoana-Mashabane must explain why South Africa’s representatives did not join Botswana in dissenting from the AU’s statement, and why South Africa has failed to join Uganda and other countries in stating unequivocally that we would arrest al-Bashir if he visited our country,” Mubu said.