This case concerns South Africa’s obligation under International Law and as a signatory to the Rome Statute. An application had been sought to compel the government to arrest a head of state of another country, who was present in South Africa for a summit, as an arrest warrant which had been issued against him was pending against him at the International Criminal Court. The question was whether the head of state in question enjoyed immunity from arrest by the host country (South Africa), by virtue of the hosting agreement concluded by South Africa with the African Union and by virtue of a ministerial proclamation in terms of SA statute. The SCA decided that the government acted unlawfully in failing to effect the arrest and that its failure was inconsistent with South Africa’s obligations under the Rome Statute.
Full Judgment here
