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African press review 16 November 2016

The International Criminal Court is out of favour with many African governments. But what local alternatives are being proposed? Whose name can no longer be mentioned by South Sudanese media? Egypt's former president, Mohamed Morsi, has his death sentence overturned, but he'll face a retrial on the same charges.

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The top story in regional paper the East African says that African countries advocating withdrawal from the International Criminal Court have no local mechanisms to deal with the sort of crimes investigated and prosecuted by the Hague-based institution.

Kenya, Sudan, South Africa, Burundi, Gambia and Uganda have been leading the campaign for mass withdrawal from the Rome Statute, which created the ICC, but lack the political will to deal with crimes against humanity, war crimes and possible genocide. Sudan is not a signatory to the Rome Statute but President Omar al-Bashir has been indicted at the court for war crimes in Darfur.

According to Reed Brody, the human rights lawyer who spearheaded the case against former Chadian president HissĆØne HabrĆ©, there is a lack of political will across the continent to use local mechanisms even in countries where they exist, especially when the crimes are allegedly committed by state actors.

Ugandaā€™s President Yoweri Museveni referred Joseph Kony, leader of the rebel Lordā€™s Resistance Army to ICC in 2004 but has lately become its leading critic.

South Africa and Burundi have given notice to the United Nations of their intention to withdraw from the ICC, while Gambiaā€™s President Yahya Jammeh has said that he will follow suit.

Don't mention the former first vice-president

The Sudan Tribune notes that South Sudanese President Salva Kiir has banned media organisations and journalists from interviewing and publishing any material associated with the former first vice-president and leader of the armed opposition, Riek Machar.

The US-funded Eye Radio station was recently shut down by the South Sudan authorities for "promoting rebellion".

The management of the station were notified that the closure of the radio was linked to the airing of a news clip from a press conference held by Riek Machar a month ago.

Zuma threatens state's top lawyer with suspension

The main story in South African paper BusinessDay reports that the head of the National Prosecuting Authority is going to have to give President Jacob Zuma reasons why he should not be suspended.

Zuma has given notice of intention to request reasons why Shaun Abrahams and other authority officials should not be suspended and whether an inquiry into their fitness to hold office should go ahead.

At issue is the handling of the bringing of charges against Finance Minister Pravin Gordhan and two former top SA Revenue Service staff and the subsequent withdrawal of those charges.

Before the charges were dropped it emerged that Abrahams had met Zuma the day before he announced that Gordhan had been summonsed.

The meeting fuelled speculation that the case against Gordhan was politically motivated, despite Abrahams and the presidency saying their meeting was held to discuss the protest crisis at universities.

Cairo court lets Morsi off the hook, until his retrial

According to the Egypt Independent, an appeals court in Cairo yesterday overturned the death sentence handed down to former president Mohamed Morsi, ordering a retrial.

In June 2015 a Cairo criminal court sentenced Morsi and five other Muslim Brotherhood members to death over charges of murder and attempted murder of police officers, setting fire to government buildings and escaping prison, in January 2011.

The prosecution also accused the defendants of conspiring with the Palestinian movement Hamas, Hezbollah in Lebanon and other foreign elements to cause chaos and break into Egyptian prisons.

Yesterday the appeals court accepted the arguments presented by the defence team and ordered a retrial in another criminal court circuit.

Morsi has been charged in several other cases including espionage and insulting the judiciary. Last month an Egyptian court upheld his 20-year prison sentence in a case related to clashes at the presidential palace in Cairo.

The former president came to power in June 2012, only to be deposed by the military following mass protests against his rule a year later.

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