African press review 22 October 2016

South Africa's decision to leave the International Criminal Court dominates front pages across the continent this morning. The opposition Democratic Alliance has described the move, validated by the cabinet but without a parliamentary debate or vote, as unconstitutional, irrational and procedurally flawed.

Plenty of legal news on the front page of this morning's South African BusinessDay.

The top story says that the Co-operative Governance and Traditional Affairs Minister Des van Rooyen has withdrawn his application to prevent the publication of former public protector Thuli Madonsela’s report on interference in state matters.

Separately, BusinessDay reports that Madonsela's replacement as South Africa's ombudsman, Busisiwe Mkhwebane, says she will not oppose an application by President Jacob Zuma to prevent the release of the "state capture" report.

Mkhwebane’s stance leaves the decision in the hands of the court and means it will be up to South Africa's opposition parties to argue for the report’s release.

The state capture investigation examined the relationship between President Jacob Zuma, other state officials and the influential Gupta family which has interests in mining, telecommunications and the media.

South Africa follows Burundi out of International Criminal Court

Further down the front page, BusinessDay confirms the news that South Africa has decided to quit the International Criminal Court.

The report says parliament yesterday acknowledged receipt of Justice Minister Michael Masutha’s notice informing the National Assembly and the National Council of Provinces of a Cabinet decision to withdraw South Africa from the ICC.

The withdrawal will take effect one year after the UN secretary-general has received the notification. South Africa will remain constrained by the Rome statute, the founding document of the ICC, for the duration of the 12-month notice period.

That move has sparked outrage in some quarters.

Some observers say the government’s decision to withdraw is unconstitutional as it was a cabinet decision and not subject to parliamentary process.

The opposition Democratic Alliance said yesterday it would approach the courts to have the notice of withdrawal from the ICC set aside on the grounds that it is unconstitutional, irrational and procedurally flawed.

The Rand Daily Mail says there is no other way to describe this withdrawal than with the word "shameful".

The paper goes on to say that South Africa is moving from an open, democratic state to one run by its security arm and Zuma is aware that it is inevitable that courts such as the ICC might one day be hearing South African cases.

Earlier this month Burundi’s lower house of parliament overwhelmingly voted to withdraw from the ICC, which is carrying out a preliminary investigation into atrocities committed during that nation's 18-month political crisis.

Regional paper the East African says South Africa's decision to withdraw from the ICC is a major blow to a troubled institution.

The decision followed a dispute last year when Sudanese President Omar al-Bashir visited the country for an African Union summit despite facing an ICC arrest warrant over alleged war crimes. South Africa refused to arrest him, saying he had immunity as a head of state.

A letter to UN Secretary General Ban Ki-moon, signed by South Africa's Minister of International Relations and Cooperation Maite Nkoana-Mashabane and dated 19 October, says "The Republic of South Africa has found that its obligations with respect to the peaceful resolution of conflicts at times are incompatible with the interpretation given by the International Criminal Court."

The ICC, set up in 2002, is often accused of bias against Africa and has struggled with a lack of cooperation, including from the United States which signed the court's treaty but never ratified it.

South Sudan again accused of rebel support

Also in the East African, an allegation that the South Sudanese government continues to harbour and aid armed groups active in neighbouring Sudan, according to the United States.

Such assistance places South Sudan in violation of a United Nations Security Council resolution as well as numerous agreements between Juba and Khartoum, said a State Department spokesman.

Aid to Sudanese rebels also violates the internal peace agreement signed last year by President Salva Kiir.

The US statement indicates that Sudanese armed groups remain involved in conflicts inside South Sudan, threatening stability on both sides of the border.

Kenyan drought forces wildlife out of reserves

The Kenyan Standard reports that drought in the Coast region has now been reported in Taita Taveta, Lamu and Kwale counties after sweeping through vast swathes of Kilifi County.

Government reports indicate the prolonged water shortage has led to famine for people and livestock in Kilifi and Kwale and for wildlife in the vast Tsavo conservation area of Taita Taveta. Authorities report that wildlife is straying out of its normal habitat to attack people and domestic animals and destroy crops near human settlements.

The National Drought Management Authority said due to rainfall failure for most of 2016, more than 72,000 people in Taita Taveta County are facing starvation and urgently need relief supplies.