Pretoria - The African Union (AU) has resolved that it will not recognize Libya's Transitional National Council (TNC) rebels, as the legitimate government in Tripoli.
Although some member states were pushing for unconditional recognition of the TNC majority of the 15 AU peace and security member countries, they instead called for the formation of an all inclusive transitional government.
In a statement issued on his return from an AU summit, President Zuma said the article 30 of the Constitutive Act of the AU, states that governments that come into power through unconstitutional means, would not be allowed to participate in the AU. "We cannot act outside of that."
Instead Zuma said all groups claiming authority must come together and negotiate a peaceful process that will lead to the formation of an inclusive transitional government and democracy in Libya.
Zuma returned from Addis Ababa, Ethiopia on Saturday morning where he chaired the 291st Peace and Security Council meeting of the AU. He said the AU believed that its roadmap was still relevant for Libya.
"We need inclusivity, a situation where all groups involved in the conflict sit around the table and solve the problem together," he said in a statement issued by the Presidency.
Zuma said if an inclusive transitional government was formed, it would then occupy Libya's seat in the AU.
Zuma reiterated the need for the world to respect the pivotal role of the AU in resolving a crisis facing an African state, which is a member of the AU.
"Any successful solution in Libya will have to be Libyan-led and African-led to ensure sustainability, credibility and legitimacy," he said.
He said AU would continue to work with all Libyan counterparts and support efforts towards stabilizing the situation in that country, he said.
In their communique the AU said they "stand with the people of Libya,"
The statement added that they take note of the developments that have taken place in Libya and expressed deep concern at the continued suffering of the Libyan people as a result of the fighting over the past five months.
In this regard, the council called for an immediate and complete cessation of hostilities, and the establishment of a credible monitoring Mechanism, for a lasting peace and preservation of life.
"Council further calls for the formation of an inclusive transitional Government, the establishment of a constitutional and legislative framework for the democratic transformation of Libya, as well as for support towards the organization of elections and the national reconciliation process.
"Council reiterates the commitment of the AU to work with all Libyan stakeholders and support their efforts towards the stabilization of the situation, the promotion of democracy and the reconstruction of their country, building on the relevant provisions of the AU Roadmap and Proposals," reads the communique.
Meanwhile, the search for the Muammar Gaddafi continues. This as a report saying that Libyan leader Muammar Gaddafi may have fled his country and entered neighboring Algeria by land cannot be confirmed by both Algerian authorities and Libyans on Saturday.
Reports have indicated that a convoy of six armored cars that could be carrying high-profile Libyan officials, even Gaddafi himself, crossed from Libya into Algeria, citing a source from the Libyan rebels. The report said the convoy was escorted by pro-Gaddafi forces.
As the search continues, the head of Libya's rebel government Mustafa Abdul Jalil, says he will be tried in Libya and not at the International Criminal Court in the Hague if he is captured alive.
"The crimes that Gaddafi committed against his people locally before the 17th of February are enough to bring him to trial for any other crimes he committed after the 17th of February. Libya has not signed the Rome agreement and the ICC's justice is a complementary justice, as the local judicial system is the one responsible for this," said Jalil.
Rebel fighters have pushed regime gunmen to the outskirts of Tripoli as severe shortages of fuel, water and electricity paralyses the battle-scarred capital.
The rebels, who now control most of Libya, said they are preparing for an assault on Gaddafi's hometown of Sirte, his last major bastion.
Rebels deployed in Bin Jawad said they are waiting for NATO to bomb Scud missile launchers and possible weapons warehouses in Sirte.
