Al-Bashir protected by presidential immunity, SCA hears
Did the South African government act unconstitutionally by disobeying a court order to arrest Sudanese President Omar al-Bashir?
That's the argument being heard in the Supreme Court of Appeal in Bloemfontein.
The State, represented by Advocate Jeremy Gauntlet, is appealing the North Gauteng High Court's ruling that it should have arrested Al Bashir last year while he was in the country for a meeting of the African Union.
Al Bashir is wanted by the International Criminal Court on charges of crimes against humanity.
"Section 4 gives absolute immunity to all civil and criminal acts for anything from genocide, fraud to parking offences to the serving head of state for as long as you are a serving head of state. Your day will come.
"The same way as in many countries' constitutionally there's been a similar problem - how do you deal with a Richard Nixon. The answer given constitutionally is you suffer him until his removal. You can't prosecute him in the meanwhile," he said.