South Africa's main opposition party has filed papers with the Constitutional Court to challenge the government's decision to pull out of the International Criminal Court (ICC), it said on Monday.
It argues that neither parliament nor the public were consulted, rendering the process irrational.
The ICC has since asked South Africa to reconsider its decision.
Burundi has also started processes to withdraw from the International Criminal Court (ICC).
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South Africa's Business Day newspaper said in an editorial on Monday: "The intention to withdraw from the court undermines South Africa's reputation as a defender of human rights".
Many were shocked by the news that South Africa is withdrawing from the International Criminal Court (ICC), but what exactly does it mean?
- We appeal to the South African government to use its influence and continental leadership to ensure the ratification of the Malabo Court Protocol and the establishment of the African Court of Justice and Human and Peoples' Rights that has jurisdiction over serving heads of state or senior state officials.
The UN recalled that South Africa was among the first signatories of the treaty and stressed that the ICC is "central to global efforts to end impunity and prevent conflict". It raised these concerns as an agenda item at the Assembly of States Parties to the Rome Statute previous year.
Kaba acknowledged criticism that the court mostly prosecutes African nationals, adding "But we must also remember that these are African states that have applied to the court".
At his weekly briefing, State House Spokesperson Manoah Esipisu, said the issue was yet to be deliberated within the Cabinet before preparations of all necessary instruments can be done. Who knows, many of these might not have occurred, or at least been minimized, had there been an effectively functioning International Criminal Court. Al-Bashir was allowed to leave South Africa even though a local court ordered authorities to stop him.