Dunstan Mlambo, Judge of Gauteng Division of the High Court of South Africa, has given government seven days ultimatum to file an affidavit on how and when President Omar al-Bashir left the country.
He said on Tuesday in Johannesburg that this opened the possibility that the Minister of Home Affairs, Malusi Gigaba, and other officials could be prosecuted for aiding al-Bashir’s departure.
The South African government said it would investigate how Sudanese President Omar al-Bashir, slipped out of the country.
Phumla Williams, acting Cabinet Spokesperson, said government noted the judgment of the North Gauteng High Court on the matter barring him from leaving the country.
She said as indicated in court, government would enquire the circumstances under which president al-Bashir left 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, 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 has 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.
“This is an indication that South Africa does not believe in the rule of law and justice for grave international crimes,” he said.