The Star E-dition

Court action ‘unlikely to lead to Putin arrest’

KUBEN CHETTY kuben.chetty@inl.co.za

COURT action to compel the South African government to arrest Russian President Vladimir Putin when he arrives in August for the BRICS summit is unlikely to lead to his arrest.

This comes as the Department of International Relations and Co-operation (Dirco) has yet to make a decision on what to do about the International Criminal Court (ICC) warrant of arrest issued for Putin.

The ICC, of which South Africa is a full member, issued a warrant of arrest against Putin for alleged war crimes related to the abduction of children from Ukraine.

South Africa is a signatory to the Rome Statute and has adopted a nonaligned stance on the Russia-Ukraine war.

The DA said it had launched a court application in the Gauteng High Court requesting a declaratory order to the effect that if Putin arrives in South Africa to attend the BRICS summit, and upon receipt of a request from the ICC to arrest Putin, the South African government must immediately detain and surrender him to the ICC.

DA MP Glynnis Breytenbach, in a statement, said the party was launching this action to avoid a repeat of the saga involving former Sudanese President Omar al-Bashir, who was subject to an ICC arrest warrant but was not arrested when he visited the country in 2015.

“This pre-emptory court action aims to ensure that South Africa upholds its obligations in terms of the Rome Statute of the International Criminal Court, and the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (Implementation Act),” said Breytenbach.

“The DA’s court application outlines the precise steps to be taken should a request for President Putin’s arrest and surrender be forthcoming from the ICC. These steps include that the director-general of Justice and Constitutional Development must immediately forward the request to a magistrate in terms of section 8(2) of the Implementation Act.

“Subsequently, any warrant of arrest endorsed by a magistrate must be given effect to by the government, following which President Putin must be detained and surrendered to the ICC.”

Breytenbach said the DA was seeking this declaratory order to ensure that there was no legal ambiguity relating to the procedure to be followed, and the obligations placed upon the state, should Putin set foot in South Africa.

International Relations and Co-operation Minister Naledi Pandor on Monday granted immunity to all delegates expected to attend the BRICS ministerial meeting in Cape Town from today, and the BRICS summit from August 22 to 24.

However, Dirco pointed out that this was a standard process in international relations and did not override any international arrest warrants.

International relations expert Dr Chido Nyere, from the Institute for Pan-African Thought and Conversation at the University of Johannesburg, said it was not possible for Putin to be arrested in South Africa.

“A court may make a pronouncement on the legal aspect, but this is not a legal case. It is actually a political case and the law has limitations. It is a very complex case, and courts are limited.”

Nyere said Russia was a signatory to the Rome Statute, which prevents a sitting head of state from being arrested.

“The US, which appears to be exerting pressure for Putin’s arrest, is not a signatory of this statute.

“Any attempt to arrest Putin has to work on a co-operative basis, and Putin is on record saying he will attend the BRICS summit in August.”

Professor Dire Tladi, from the University of Pretoria’s Department of Public Law, said while legally it was possible to arrest Putin, politically it was not possible.

“As a matter of law, unless the government is able to successfully challenge the purported request for a declaratory order by the DA, then as a matter of law there would be an obligation to arrest.

“If the DA receives a declaratory order that says Putin must be arrested then, as a matter of law, when Putin arrives there would be an obligation to arrest.

“If it doesn’t happen, the question that would then arise is whether has been a wilful disregard of a judicial decision, and therefore contempt of court proceedings may take place.”

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2023-06-01T07:00:00.0000000Z

2023-06-01T07:00:00.0000000Z

https://thestar.pressreader.com/article/281505050601760

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