Forum/Discussions

Politics overrule the Law

We witnessed that Pretoria high court ordered to arrest Omar Hassan Ahmad al-Bashir is the President of Sudan overruled by politics. As we agree that the rule of law is an indefinite concept in Africa till to date. The legal wrangling of such nature shown us the difference and luck of clarity between member states and the Union, collective agreement verses individual AU member states or “signatories international Treaties” in other word bilateral agreement verses multilateralism. Moreover the incident left a major precedence that will be stumbling block at the union in the future unless dealt in responsible manner to be law-abiding, respect and respected by all member states.

The Law

Perhaps the law took it course, may be it shouldn’t also consider AU standing and set in terms of this matter and other related matter of this magnitude. We equally note AU;s standing on this matter and the decision taken and communicated to the international community that AU will not allow  a sitting head of state and Government to be indicted and tried by the ICC.  We also note that South Africa, in this regards was place under a very complex situation between the ICC and the AU of which she is a member in good standing for both. Africa speaks maintain that AU, ICC and the international community need to find a settlement on this matter to avoid such an embarrassment as well as setting an unacceptable precedence which may negatively impact the building and maintenance of our democratic institutions across the continent.

The Politics

Taking cognizance of the fact that South Africa is a Law abiding nation and that many African countries look up to this democratic institutions as a bench mark for the continent. This was a very challenging moment between politics and the rule of Law. This decision by the North Gauteng High court to arrest the Sudanese president the recent local and continental decisions will leave a vacuum in the judiciary wing of the country. The second area, which we have to look, is South Africa international commitment will be at stake for any future engagement with international community.

Our stand

As always and forever, Africa speaks trust an “African solution to an African problem” nevertheless AU could have dealt with this issue in a more appropriate manner that the way it unfolded. Perhaps, AU could have embarked on suspended ICC membership of all AU members till finalization of their key demands. This would have given AU an overall engagement on behaved of its members with ICC. May be it could have been more pragmatic and sensible.

Africa Union should have referred this case to an African court for pronouncement and not make it an ideological matter. Africa speaks is therefore recommending an independent judicial forum at AU level to discuss this matter with the ICC for further clarities.

 Yours In Pan Africanism

Seife Tadelle Kidane

Africa Speaks 

President