Govt argues alBashir could still face arrest in SA

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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.

Gauntlett: govt concerned that order for Bashir arrest still stands - meaning he can still be arrested if he returns to SA @eNCA

— Karyn Maughan (@karynmaughan) February 12, 2016

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.

Judge Majiedt: surely we are dealing here with obligation on state to arrest AlBashir, so he could eventually stand trial before ICC @eNCA

— Karyn Maughan (@karynmaughan) February 12, 2016

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.

Judge Lewis: the High Court wasn&39;t asked to prosecute Bashir, it was asked to order his arrest @eNCA

— Karyn Maughan (@karynmaughan) February 12, 2016

The case continues.