The NPA will not yet start criminal proceedings against government officials who may have helped Sudan’s President Omar al-Bashir leave South Africa, in violation of a court order.
“No, we are not going to consider the matter right now,” National Prosecuting Authority spokesperson Luvuyo Mfaku said on Wednesday.
“They will petition the Supreme Court of Appeal and we deem it prudent to wait until the appeal process is finalised.”
In its ruling in June, the High Court in Pretoria said government failed to comply with its order to prevent Bashir from leaving South Africa while he was attending an African Union summit in June.
“For this reason we also find it prudent to invite the NDPP to consider whether criminal proceedings are appropriate,” Judges Dunstan Mlambo, Hans Fabricius, and Aubrey Ledwaba said.
On Wednesday, the same court dismissed government’s application for leave to appeal against its ruling that South Africa had to arrest Bashir.
This was in terms of arrest warrants issued by the International Criminal Court in 2009 and 2010, for him to face charges of war crimes, crimes against humanity, and genocide.
Justice spokesperson Mtunzi Mhaga said they were disappointed with the ruling and would consider petitioning the Supreme Court of Appeal for leave to appeal.
The ANC urged government to take the matter to the SCA. News24