High Court Denies Government’s Attempt to Withdraw from the International Criminal Court

Breaking News – the Pretoria High Court has denied government’s attempt at withdrawing from the International Criminal Court(ICC) and ordered President Zuma, the Minister of Justice and Minister of International Relations to revoke their notice to withdraw.

The Court held that the country’s executive (the President and his cabinet) does not have the power to terminate international agreements.  Judge Phineas Mojapela ruled that the move was “unconstitutional” and “invalid.”

The ruling comes after the Democratic Alliance took the matter to court based on the fact that Parliament was bypassed on the issue, and therefore the executive would’ve exercised legislative powers it does not have in terms of the Consitution.

As discussed in our A President’s Power feature, President Zuma uses executive authority together with other members of the Cabinet, namely the Deputy President and Ministers. The executive develops policy, for example, by preparing and initiating legislation, which it submits to Parliament for approval. It then implements that policy by running the administration of the country by means of the different government departments. The executive must account for its actions and policies to Parliament.

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