The Democratic Alliance (DA) on Tuesday urged International Relations and Cooperation Minister Maite Nkoana-Mashabane to follow Botswana and Uganda's example regarding Sudanese President Omar al-Bashir.

Nkoane-Mashabane should distance South Africa from the African Union's (AU's) decision not to co-operate with the International Criminal Court's (ICC's) warrant of arrest for al-Bashir, DA spokesperson Kenneth Mubu said.

She should also state unequivocally whether or not South Africa would arrest al-Bashir should he visit South Africa, he said.

On Monday, Uganda's International Affairs Minister stated that "it is a legal obligation for Uganda to arrest Bashir if he comes to Uganda" and that if al-Bashir arrived in Uganda "[we would] ensure that he is arrested".

"This is precisely the stance that South Africa should adopt," Mubu said.

The stance adopted by the AU on July 3 - without dissension from South Africa's representatives - flew in the face of South Africa's Constitution, which mandated that South Africa was bound by international agreements upon ratification by Parliament.

In the case of the ICC, Parliament passed an International Criminal Court Act in 2002, which effectively bound South Africa to the Rome Statute.

"This makes the enforcement of the AU's decision an unconstitutional act in South Africa.

"For this reason, Minister Nkoana-Mashabane must explain why South Africa's representatives did not join Botswana in dissenting from the AU's statement, and why South Africa has failed to join Uganda and other countries in stating unequivocally that we would arrest al-Bashir if he visited our country," Mubu said.