The government has again found itself with egg on its face after a full bench of the Pretoria High Court found its notice of withdrawal from the Rome Statute of the International Criminal Court procedurally invalid and unconstitutional. The three judges also found that the cabinet's decision to deliver the notice to the International Criminal Court without parliament‘s approval was invalid and unconstitutional. The court yesterday ordered President Jacob Zuma‚ International Relations and Co-operation Minister Maite Nkoana-Mashabane and Justice and Correctional Services Minister Michael Masutha to revoke the notice of withdrawal. Deputy Judge President Phineas Mojapela said: “There is prematurity and procedural irrationality in the notice to withdraw from the Rome Statute by [the] executive without parliamentary approval.” He said the haste with which the process had been conducted constituted procedural irrationality. The DA approached the court last year to challenge the government...

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