ICC: DA to challenge SA’s withdrawal from Rome Statuate by approaching ConCourt

The Democratic Alliance (DA) has announced that it will be filing “an urgent application for direct access to the Constitutional Court in order to challenge the constitutionality of a notice initiating South Africa’s withdrawal from the Rome Statute of the International Criminal Court (ICC)“. The application is expected to be filed tomorrow morning.

Below is the argument that the DA will put forward:

  • The notice of withdrawal is in breach of section 231(2) of the Constitution, as it was delivered without first securing a resolution of Parliament authorising South Africa’s withdrawal from the Rome Statute;
  • It was unconstitutional and unlawful to deliver the notice of withdrawal prior to Parliament having first decided to repeal the Implementation Act;
  • The notice of withdrawal is procedurally irrational, as it was delivered without any process of consultation with Parliament and the public; and
  • The notice of withdrawal is a breach of the state’s section 7(2) duty to respect, protect, promote and fulfil the rights contained in the Bill of Rights.