Sudan President Omar al-Bashir (C) arrives at Khartoum airport from South Africa during a group of Sudanese welcome him on June 15, 2015 in Khartoum, Sudan. Ebrahim Hamid/Anadolu Agency
eNCA.com is live streaming the court proceedings - click here to watch.
BLOEMFONTEIN -- Government says it is concerned that the order to arrest Sudanese president Omar al-Bashir still stands, which means he could still be arrested if he returns to South Africa.
That was some of the submissions made by advocate Jeremy Gauntlett arguing for government in the Supreme Court of Appeal in Bloemfontein on Friday.
Government is appealing last year’s North Gauteng High Court decision that the Sudanese president should have been arrested when he came to the country for an African Union summit.
Bashir is wanted by the International Criminal Court (ICC) for war crimes against humanity in Darfur.
And the North Gauteng High Court ruled that government was obliged to apprehend him as South Africa is a signatory of the Roman Statue.
Judge questions what purpose of Rome Statute is - if can&39;t oust Immunities Act, gives immunity from arrest to serving heads of state @eNCA— Karyn Maughan (@karynmaughan) February 12, 2016
Gauntlett has contested a number of local and international laws suggesting that a South African court did not have the power to order the arrest of Bashir.
He also pointed out his arrest would mean that he may have to face a judicial process within the country, a suggestion that was disagreed on by judges in the case.
The case continues.