Government has today filed for leave to appeal to the Constitutional Court against the judgment delivered by Supreme Court of Appeal (SCA) on government’s appeal on President Al Bashir judgment of the Gauteng Division of the High Court in Pretoria.
After scrutinizing the SCA judgment and seeking legal opinion from Counsel, Government believes that the interpretation of legislation relating to Immunity granted to a foreign sitting head of State needs pronouncement by the Constitutional Court as the apex court in the land and final arbiter on constitutional matters.
We believe that the legal uncertainties that have not been fully resolved by SCA both in terms of customary international law and domestic law can be properly pronounced on by the Constitutional Court. Government therefore believes that there is a reasonable possibility that the Court will arrive at a different conclusion.
Media enquiries: Adv Mthunzi Mhaga
Spokesperson for the Ministry of Justice and Correctional Services
Cell: 083 641 8141
Email: mediaenquiries@justice.gov.za
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