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Omar al-Bashir lands in Khartoum

Omar al-Bashir's plane took off at 11:46am, yet government only confirmed his departure at 3pm.

FILE: Sudanese President Omar al-Bashir. Picture: AFP.

PRETORIA - Wanted Sudanese President Omar al-Bashir has landed in Khartoum.

The High Court in Pretoria on Monday ruled that al-Bashir be arrested in accordance with the International Criminal Court (ICC)'s warrant on charges including genocide and crimes against humanity.

The ruling, however, is largely academic given that that the Sudanese president left on a plane from the Waterkloof Air Force Base more than three hours before the ruling was made.

Al-Bashir's plane took off at 11:46am, yet government only confirmed his departure at around 3pm.

The court is now demanding clarity.

Judge President Dunstan Mlambo has given the government seven days to explain how and why al-Bashir left the country in direct contravention of a court order.

"We request an affidavit explaining the time he left, the port of entrance and departure."

Mlambo says the court needs to explain the circumstances that led to a court order being contravened.

LISTEN: Expert analysis on the al-Bashir situation.

JUDGES VOICE THEIR CONCERNS

Meanwhile, a full bench of judges in the court have voiced their deep concern over government's failure to comply with a court order barring al-Bashir from leaving the country.

The court handed down an interim order on Sunday interdicting home affairs from allowing the Sudanese president to leave until an application for his arrest had been finalised.

The Southern African Litigation Centre had applied to have detained al-Bashir and handed over to the international criminal court, where he faces several charges including genocide.

"It's of concern to us that an order of this court that was issued and was to ensure the presence of al-Bashir in this country until the finalisation of these proceedings have not been complied with," said Mlambo.

At the same time, Sudan is blaming so called "African enemies" for today's failed bid to arrest its president.

Christopher Landsberg from the Centre for Policy Studies at the University of Johannesburg says South Africa's international relations is stuck between African solidarity and cosmopolitan values.

"For Robert Mugabe to say Nigeria doesn't deserve to represent us on UN Security Council because of their vote for Libya is throwing bait and hoping for them to charge."

ICC SLATED BY EXPERTS

Experts at the African Union summit in Sandton have slated the ICC saying it's nothing more than a flawed European court which works against Africa.

Many at the gathering say the court has proven itself to be an instrument of European foreign policy.

Africans affairs expert David Hoile said, "The world's political body made up of politicians with varying political agendas has an input in the day-to-day affairs of the ICC so it's not independent."

WATCH: Government given seven days to explain how Omar al-Bashir left SA.