The South African government has conceded that it failed to execute its international responsibilities by failing to issue a warrant for the arrest of Russian President Vladimir Putin if he enters the country.

On Friday, the Gauteng High Court in Pretoria confirmed that the justice department had finally sent the Putin arrest warrant to National Director of Public Prosecutions (NDPP) Shamila Batohi on Monday.

This was more than two months after the international relations and co-operation department sent its justice colleagues the warrant from the International Criminal Court (ICC). The ICC issued the warrant on the basis of Putin's responsibility for war crimes allegedly committed during Russia's invasion of Ukraine.

The Democratic Alliance (DA) went to court to compel the government to arrest Putin if he travels to South Africa for the Brics summit, scheduled for August in Johannesburg.

But after the government announced that Putin would not travel to South Africa, the DA asked the court to compel it to execute the arrest warrant any time the Russian president travels to the country. 

The government agreed.

In an affidavit on Thursday, on the eve of the court challenge, justice department director-general Doctor Mashabane conceded that he was "obliged" to forward the arrest warrant to Batohi immediately upon receipt of it on 8 May, in line with South Africa's Implementation Act.

However, Mashabane said he did not "discharge" that obligation because he wanted to consult with the ICC first.

That meeting happened on 8 June.

"On 29 June 2023, I signed and authorised the dispatch of the letter to the NDPP…in which I transmitted the ICC's requests for cooperation to the NDPP," Mashabane said.

The court order stated that the justice department "tenders the applicant's costs, including the costs of two counsel and all costs previously reserved".

In a statement after the court order, DA leader John Steenhuisen claimed victory, saying Mashabane only sent the ICC's documents to Batohi on Monday because the application put them under "pressure".