Stance on Bashir deserves a bashing by Esebius McKaiser (Cape Times), 18 June 2015
Sometimes there is just no gentle way of responding to ridiculousness. Many South Africans, including the ANC, but also South Africans who are not members of the ANC or any other party, have come up with bad reasons why it was a good thing for Sudanese President Omar al-Bashir to be allowed to run away to his country before we could arrest him here in South Africa.Let’s examine the defenses that popped up:
Defense One: “The ICC is biased so we can ignore the arrest warrant!” Let’s assume, for the sake of argument, not only that the ICC is biased, but that it is a despicable court out to protect the West and to hate Africa. Let’s falsely assume further, just for fun, that the court has never and would never ever prosecute a white man or anyone from Europe – even including Eastern Europe – and that it exists solely to find Africans to scapegoat for wars committed across the Milky Way.
Is that a good enough reason to have let Bashir leave, despite a court order that asked the state to keep him here pending a final court hearing on the matter? No. And the reason is breathtakingly simple.We cannot afford to allow the South African state to mess up the separation of powers by ignoring the authority of court orders. This is tantamount to sanctioning a lawless state and government impunity. It is trampling on the rule of the law, and it is as good as burning the constitution itself. If, in turn, we are not interested in having a law-abiding state, how the hell do we hope ever to have citizens who routinely obey the law or comply with court orders?