IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Gave Number; 2740/2015 DELETE WHICHEVER IS NOT APPLICABLE 0 roomate (2 rnemetr ronan an Son 0) nese —— In the matter between: ‘THE SOUTHERN AFRICA LITIGATION CENTRE: APPLICANT And ‘THE MINISTER OF JUSTICE AND ‘CONSTITUTIONAL DEVELOPMENT s°" RESPONDENT ‘THE DIRECTOR-GENERAL OF JUSTICE2 ‘AN CONSTITUTIONAL DEVELOPMENT 2 RESPONDENT ‘THE MINISTER OF POLICE, 3° RESPONDENT ‘THE COMMISSIONER OF POLICE 4” RESPONDENT ‘THE MINISTER OF INTERNATIONAL, RELATIONS AND COOPERATION ‘S"* RESPONDENT ‘THE DIRECTOR-GENERAL OF INTERNATIONAL RELATIONS AND COOPERATION 6™ RESPONDENT ‘THE MINISTER OF HOME AFFAIRS RESPONDENT ‘THE DIRECTOR-GENERAL OF HOME AFFAIRS 8” RESPONDENT ‘THE NATIONAL COMMISIONER OF THE ‘SOUTH AFRICAN POLICE SERVICE S™ RESPONDENT THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS 10™ RESPONDENT ‘THE HEAD OF THE DIRECTORATE FOR PRIORITY GRIMES INVESTIGATION 11™ RESPONDENT: ‘THE DIRECTOR OF THE PRIORITY CRIMES INVESTIGATION UNIT 12” RESPONDENT. rr JUDGMENTThe Court A Intreduetion ‘This matisr involves « consideration of the dues and obligations of South ‘Afrea in the conteit of tha Implementation of the Rome Sistuie of the {nteratonal Criminal Court Act, Act 27 of 2002 (‘the Implementation Act), Directly posed, the question is whether @ Cabinet Resolution coupled with a Moisterial Notice are capable of euepending this country's Guty to arreat a head of state against whom the Intemational Criminal Cour (ICC) hes issued ‘arrest warrants for war erimes, crimes against humanity end genocide, & ‘The Court Proceedings (On Manday 18 June 2016 this court handed down an order inthe folowing toms: “1. THAT Be conto Ye Reonfens 1 he een ht hy hav foe to take 19 fo Bre an/e tan ha Palen te Repu Buen Oma san Anna Al Beale CPrsent Bes, ls cont wt the Contusen of he Rep of South Aten, 1996, anda 2. THAT th Rassndpit ae forth carpeted 8 8 tani tp Dropare fo brst Posdnt Basi wibout a werent nfm fsecton (1) Ck) ft Criminal Precede Ac,$1 f1977 and dfn Nm, png & fama eset for his surander fromthe Intemational Criminal Cour: