DA asks court to ‘compel arrest of Putin’

The DA is seeking a declaratory order in the Gauteng High Court that would compel the government to arrest Russian President Vladimir Putin and hand him over to the International Criminal court should he arrive in SA to attend the Brics summit later this year.

The ICC issued a warrant for Putin’s arrest in March, accusing him of being responsible for war crimes committed in Ukraine. As a member of the ICC SA is obliged to comply with the warrant, but the department of international relations and co-operation (Dirco) on Tuesday declared the summit is a “protected event”, stating it will provide diplomatic immunity to attendees, a practice it said is routine.

The Kremlin on Tuesday said Russia would take part at the “proper level” in the summit in response to a question on whether Putin would attend.

DA MP Glynnis Breytenbach said the party’s application sought to avoid a repeat of 2015 when the government failed to arrest former Sudan president Omar al-Bashir whom the ICC has indicted for crimes against humanity.

“This pre-emptory court action aims to ensure SA upholds its obligations in the Rome Statute of the International Criminal Court and the Implementation of the Rome Statute of the International Criminal Court Act (Implementation Act),” Breytenbach said. 

The application outlines steps to be taken should a request for Putin’s arrest and surrender be made by the ICC. 

“These steps include the director-general of justice and constitutional development must forward the request to a magistrate in terms of the Implementation Act. Subsequently, any warrant of arrest endorsed by a magistrate must be given effect to by the government, after which Putin must be detained and surrendered to the ICC,” Breytenbach said. 

“The DA is seeking this declaratory order to ensure there is no legal ambiguity relating to the procedure to be followed and the obligations placed upon the state, should Putin set foot in SA.”

Speaking at the release of quarterly crime statistics on Tuesday, police minister Bheki Cele said Western Cape premier Alan Winde's statement about arresting Putin was “a bark against the lion”.

“That’s the kind of statement you tell the people that the springbok will eat the lion. The premier has got nothing to do with that,” said Cele.

“That matter is handled in different places and, as the police, we are not about to pronounce ourselves until we, as a body, are sure all other elements are dealt with. 

“There are many laws involved here that will be led by the justice [department], Dirco, the police and other bodies, the ICC itself, Interpol and all that.”

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