Though the government has sustained a serious moral and legal setback with today’s judgment from the Supreme Court of Appeal on Pretoria’s failure to arrest and hand over Sudan’s President Al Bashir to the International Criminal Court when he visited this country in June 2015, a number of loose threads have been left hanging.First among them, Pretoria is highly likely to take the matter to the Constitutional Court, even though it is just as likely to lose there as it always was in Bloemfontein at the appeal court.Then there is the question of what action will be taken against those who deliberately misled the high court in Pretoria when it was considering the initial application for Al Bashir’s arrest.In his appeal decision, Judge Malcolm Wallis described the events on the day Al Bashir made his escape at the same time as the court was being assured that he was still in the country.On the basis of these reassurances the court ordered that he had to be arrested and detained prior to ...
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