The cabinet is to consider a recommendation on Wednesday to move the annual Brics summit to China, following a legal opinion by a technical team appointed by President Cyril Ramaphosa to look into the legal implications of hosting Russia’s President Vladimir Putin.
According to people familiar with the matter, SA is also considering co-chairing this year’s annual Brics summit with China, a move that would solve the political conundrum of avoiding Putin’s arrest.
Perceptions of SA’s alignment with Russia has roiled markets, sending the rand to its weakest levels in history, and has set the country on a diplomatic collision course with key trading partners. In recent weeks Ramaphosa moved to limit the damage due to such perceptions.
Business Day understands that the interministerial committee (IMC) headed by deputy president Paul Mashatile, received a legal opinion that SA cannot avoid arresting Putin.
“This is because as an ICC [International Criminal Court] signatory, SA has an obligation to comply with the warrant of arrest. Also, a legal precedent [was set] when the high court found that SA violated the constitution when it failed to arrest [former Sudanese president] Omar al-Bashir when he was in the country,” according to an official close to the talks.
Another option is moving the annual Brics summit to India because that country is also not a signatory to the Rome Statute. However, this would not be possible as India is due to host the Group of 20 summit in Delhi in September, according to another official close to the talks.
The legal opinion, which was received by the committee on Monday from a Brics-appointed technical team looking into the matter, has prompted SA to begin talks with China for Beijing to consider hosting the summit.
As a signatory to the Rome Statute, SA is compelled to act on the ICC warrant of arrest against Putin, should the Russian leader come to the summit. China however is not a signatory to the Rome Statute and is therefore not obligated to adhere to the warrant of arrest.
SA holds the chairpersonship of Brics for 2023 and is therefore expected to host the summit.
International relations and co-operation spokesperson Clayson Monyela declined to comment and referred Business Day to the IMC.
Ramaphosa’s spokesperson, Vincent Magwenya, confirmed that the IMC had met on Monday and that recommendations to the committee will be presented to the president.
“The IMC met yesterday and discussed the various permutations with respect to our hosting of the Brics summit. They’ll present their recommendation to the president. An announcement will be made once the decision has been finalised,” he said.
The possibility of Putin’s attendance at the Brics summit has become a political headache for SA. The ICC in March issued a warrant of arrest for Putin over allegations of the forced deportation of children from Ukraine to Russia under instructions of one of his ministers.
During last week’s meeting of Brics foreign ministers in Cape Town, international relations and co-operation minister Naledi Pandor brushed off suggestions that the summit would be moved from Johannesburg.
“We will reflect on partnerships and preparations between the Brics 15th summit which will be held in Johannesburg this year [and] not in Durban,” Pandor told reporters.
The ICC has said it expects SA to fulfil its obligations as a signatory of the Rome Statute. Part 9 of the statute stipulates that all parties to the legislation have an obligation to co-operate in the ICC’s investigation and prosecution of crimes within the jurisdiction of the court.
Brazilian foreign minister, Mauro Vieira would not be drawn into the debate over Putin’s arrest should he arrive in the country, saying that SA has the prerogative to decide as a sovereign country.
“The Vienna Convention establishes the legal framework related to the prerogatives and the immunity granted to heads of state and diplomatic agents, whose activities have historically been made possible by a set of rules and practices accepted by the international community,” Vieira said in written responses.
“As far as Brazil is concerned, it is a sovereign decision of the host, SA.”
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