The South African High Court in Pretoria on Monday afternoon ordered that the South African government arrest Sudan's President Omar al Bashir. The court was immediately told by the government's advocate in court that the Sudanese president had left the country.

Judge Dunstan Mlambo said, “It is declared by the court that conduct by respondents (the government) that they have failed to arrest Bashir is inconsistent with the constitution of South Africa.” The judge had ordered the government to take “reasonable steps to arrest Bashir” and hand him over to the International Criminal Court.

The government's lawyer, William Mokhari, told the court just moments after this order was issued that Bashir has already left the country. He claimed that the government did not yet know how Bashir left the country.

“The minister of state security and the minister for the presidency have informed me that the circmstances of his departure and how he did so will be fully investigated,” said Mokhari.

On the other hand, the presiding judge said, “It is of concern to us that an order of the court that was issued and that was clear that was to ensure the presence of President Bashir in this court until the finalization of proceedings has not been complied with one way or another.”

The judge then issued an order that the government provide an explanation to the court within seven days disclosing the place where President Bashir left the country and the time that he left.

Lawyers for the human rights law organization SALC have said that they want the court to find government officials guilty of contempt of court for violating the court order that Bashir no leave the country.

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