DA wants al-Bashir probe

Party will ask public protector to find out who orchestrated unlawful departure

THE public protector is about to be drawn into circumstances surrounding the government’s failure to arrest Sudanese President Omar al-Bashir‚ who attended the African Union summit last week.

This comes as reports emerged on Friday in the Mail & Guardian that the government had secretly planned al-Bashir’s exit from South Africa well ahead of his arrival.

He is wanted by the International Criminal Court (ICC) for genocide‚ war crimes and crimes against humanity over the conflict in Darfur.

The fallout will continue this week as the matter is set down for tomorrow to debate the government’s ignoring of its international legal obligations and a domestic court order to arrest al-Bashir.

South Africa argued that he had immunity as he was attending the AU summit and also raised concerns about the ICC’s alleged preoccupation with African leaders.

DA leader Mmusi Maimane upped the ante yesterday, saying he would lodge a complaint with public protector Thuli Madonsela to investigate who was responsible for authorising the use of state resources to allow al-Bashir to leave the country.

This was after the Sunday Times reported that a meeting of cabinet ministers and the Presidency was held five days before al-Bashir’s arrival‚ where the plan to provide him with safe passage in and out of the country was conceived.

It was also reported that AU chairman Robert Mugabe summoned President Jacob Zuma and AU commission chairwoman Nkosazana Dlamini-Zuma to guarantee al-Bashir’s safe passage. The presidential protection unit was tasked with al-Bashir’s ground transport, the report said.

The ANC held a special national executive committee meeting at the weekend to discuss the matter.

The ANC’s head of the international relations subcommittee‚ Obed Bapela‚ said yesterday that the party was still “consulting” on its approach to the ICC. It is understood that while there is a strong view that the government should withdraw from the ICC‚ the decision should be guided by continent-wide consultations.

The government must provide an affidavit to the court by Thursday on how al-Bashir managed to leave the country. On the same day the High Court in Pretoria is due to provide reasons for its judgment last week that he be arrested by South African authorities.