The government was handed another rebuke from the High Court in Pretoria on Wednesday when it was ordered to revoke its notice to withdraw from the Rome Statute, which had established the International Criminal Court (ICC). A full bench of the court ruled that the notice, signed by International Relations and Co-operation Minister Maite Nkoana-Mashabane in October 2016 without prior approval from Parliament, was “unconstitutional and invalid”. The court found that the government was in breach of the doctrine of separation of powers by not getting Parliament’s approval for the withdrawal and breached section 231 of the Constitution, which deals with international agreements. Section 231 does not outline how SA should deal with withdrawal from international treaties, but the court found the same process that was followed when deciding to sign a treaty had to be used.

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