Government said the reasons for its appeal would be set out in the affidavit it would submit to court‚ following its failure to detain Bashir.
Bashir‚ who attended the African Union Summit in Johannesburg‚ flew out of the country despite an interim order grounding him pending judgment on an application for South African authorities to detain him and hand him over to the International Criminal Court.
It has issued two warrants of arrest for his alleged part in genocide and gross human rights violations in the Darfur conflict.
Judge Dunstan Mlambo last week said the departure of the Sudanese president – who is wanted for war crimes – the week before despite a court ruling barring him from leaving‚ demonstrated the state’s disregard for the order.
Giving reasons for the ruling that South Africa‚ as a signatory to the Rome Statute that founded the ICC‚ was obliged to arrest and surrender Bashir‚ Mlambo asked the national director of public prosecutions to consider whether criminal proceedings are appropriate.
Government has said that Bashir‚ as an African leader‚ had immunity for the duration of his stay in South Africa.
The Congress of the People on Sunday reacted to comments reportedly made by the African National Congress’s (ANC) foreign affairs head‚ Obed Bapela‚ to the City Press about government approaching the Constitutional Court on the Bashir matter.
Cope said that it “is the right of the ANC as a party…to do so and to carry the costs”.
“We do not want the government to use taxpayers’ money for that purpose‚” the party said in a statement.
“We must remember that it was a full bench of the high court that made a ruling. They interpreted our law.”