The South African government and its Russian counterparts are engaged in high-level talks that could see President Vladimir Putin avoid travelling to South Africa to avert a diplomatic fallout over the International Criminal Court’s warrant of his arrest.
The Sunday Times has learnt that the department of international relations has a legal opinion which says South Africa cannot legally turn a blind eye to the warrant.
The opinion states that the Supreme Court of Appeal's judgment in the matter of former Sudanese president Omar al- Bashir created a precedent and compels South Africa to effect a warrant of arrest of a head of state when approached by the ICC to do so.
Even though the Brics summit is scheduled for August, the Sunday Times understands the ICC has not yet approached South Africa to effect the arrest.
This week President Cyril Ramaphosa appointed an interministerial committee headed by deputy president Paul Mashatile to consider the options regarding the warrant.
A senior government official said ongoing talks with the Russians were aimed at convincing them to agree to a "hybrid" Brics summit, with Putin joining the meeting from his home country. The official said there was no need for Mashatile’s inter-ministerial committee.
“We have a legal opinion that spells out the options. There is no option not to arrest Putin. If he comes here, we have to arrest him. There is nothing that the interministerial committee [appointed by Ramaphosa recently] can explore that will allow Putin to come here [and not be arrested]. The only option we have is for him to connect via Teams or Zoom from Moscow.”
There are fears in Brics that Putin’s arrest — should he come to the country — would overshadow important discussions.
The revelations about talks to stop Putin from travelling to South Africa came as Ramaphosa sent a delegation to Washington to explain the country’s “non-aligned” stance on the war in Ukraine.
The delegation, led by Ramaphosa’s security adviser Sydney Mufamadi, deputy minister of international relations Alvin Botes, Dirco director-general Zane Dangor and Ramaphosa’s former political adviser Bejani Chauke, was due to meet policy makers from all parties. These include members of Congress, senators, White House officials, the black caucus and business people.
The envoys would counter a push in the US for South Africa to be excluded from the African Growth and Opportunity Act (Agoa) because of its stance on the war in Ukraine.
The Sunday Times understands the trip was triggered by the Countering Malign Russian Activities in Africa Bill, which is meant to punish African countries that don't support Ukraine in its war with Russia. However, insiders said the bill was no longer a concern as it had been rejected by both Republicans and Democrats.
Mufamadi’s team was expected to tell the US politicians that even though South Africa had taken a “non-aligned” stance, it was opposed to the Russian invasion — hence South Africa calling for peaceful means to end the conflict.
They will also explain the defence force's recent military drill with the Russians off Richards Bay, and state that they had participated in similar exercises with other countries, including the US.
The only option we have is for him to connect via Teams or Zoom from Moscow
— Senior government official
“There is an impression that we are supporting Russia at the expense of the Ukrainians," said a senior government official who asked not to be named.
"That military drill with Russia made us look like we were giving the international community a middle finger.
“Of course the main concern is that in the US we started hearing voices that South Africa should be kicked out of [the Agoa trade agreement]. If we were kicked out, it would have a massive impact on our economy. Our trade with Russia is extremely small compared with our US trade.”
Presidency spokesperson Vincent Magwenya said Mashatile had been tasked with preparing for the Russia Intergovernmental Committee on Trade and Economic Co-operation (ITEC).
"Naturally, the issue of the warrant has been included in the process," Magwenya said. He said plans related to the summit have not been finalised.
Magwenya said the Mufamadi trip was "a regular mission focused on our bilateral, diplomatic, and trade relationship with the US. Naturally, the Russia-Ukraine conflict will be discussed. However the matter is not the sole purpose of the engagements."
The trip comes in a week in which Ramaphosa was involved in an embarrassing incident when he confirmed an ANC decision to withdraw from the ICC — which turned out not to be true. This followed a similar announcement by party secretary-general Fikile Mbalula.
Mbalula has denied that he said that a resolution was taken on the matter during last week’s NEC meeting.
He blamed veteran SABC journalist Sophie Mokoena for misrepresenting the facts and catching the president “off guard” when she questioned him at the Union Buildings after telling him the NEC had resolved to withdraw from the ICC.
“People like exaggerating and blowing things out of proportion. Immediately after that thing happened the president clarified the matter. That is why he said: ‘I erroneously followed what the SG was saying,’ meaning without checking. He was thinking on his toes. You make a mistake, but you own up to it."
In an SABC news clip aired after the post-NEC briefing, Mbalula said the conference had resolved on the matter. “There is a resolution to withdraw, we just need to implement that ..."
SABC group executive for news and current affairs Moshoeshoe Monare criticised the singling out of Mokoena. He said: “We accept criticism of our news content. It is unfortunate and disturbing for any politician to single out our journalists for asking questions and reporting on publicly issued statements."
Monare said complaints regarding inaccuracy and misrepresentations in SABC reports should be directed to SABC News or the broadcasting complaints commission.
However, an NEC member the Sunday Times spoke to accused Mbalula of “misrepresenting the (NEC) discussion during the media briefing”. NEC members who spoke to the Sunday Times denied such a decision was taken.
The Sunday Times understands that a delegation from international relations, including minister Naledi Pandor, former ambassador Jerry Matjila and Dangor, made a presentation at the NEC meeting.
“In the end, there was a clear conclusion that we can’t withdraw from the ICC, that we need to ensure that our international relations policy is in the national interest and also considers the security interests of the state.”
NEC member and justice minister Ronald Lamola advised against withdrawing from the court.
Lamola said the party’s national conference resolution to rescind the withdrawal from the ICC stood
“Lamola said we can’t withdraw and that there’s a very good document from Amnesty International which highlights the hypocrisy of the ICC and we should highlight this as one of the reasons why we need to reform this institution."
Lamola would not be drawn into commenting on the NEC discussions on the ICC withdrawal.
“There is an Amnesty International report [in which] they raise the inconsistencies of the ICC [and] that such inconsistencies undermine its work around the globe. We agree with them. We believe that the international community should call for consistency from the ICC,” said Lamola.
Lamola said the party’s national conference resolution to rescind the withdrawal from the ICC stood.
“It’s a national conference resolution. I was guided by the national conference resolutions when I withdrew the bill [to withdraw South Africa from the ICC].”
A document presented at the meeting, which the Sunday Times has seen, states that the ANC needs to reflect on staying or withdrawing from the ICC.
The deputy chair of the NEC sub-committee on international relations, Obed Bapela, said the withdrawal from the ICC was discussed as a last resort should the ANC’s peace brokering process and attempts to reform the court and amend its laws fail.
International relations expert Siphamandla Zondi said the ICC warrant has thrown South Africa into a “quandary where a few choices have potential dire consequences for the country and its standing in the long run".
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