Sudanese President Omar Hassan al-Bashir, who has been ordered not to leave South Africa by the Pretoria High Court, is still in the country but will leave later on Monday, a Sudanese presidency spokesman said.
Bashir, who is in South Africa attending an African Union summit, stands accused in an International Criminal Court arrest warrant of war crimes and crimes against humanity over atrocities committed in the Darfur conflict.
"President Bashir is still in Johannesburg but we are leaving South Africa today," Mohamed Hatem told Reuters.
Judge Hans Fabricius on Sunday barred Bashir from leaving South Africa until he had made a decision on an application by a human rights group calling for Bashir's arrest. The judge's hearing on the case is due to resume at 0930 GMT on Monday.
South Africa's government has challenged the court's decision because it has given immunity to Bashir and all other delegates attending the AU summit.
Sudanese officials said on Sunday that the court order had "no value" because Bashir was invited by the South African government.
Ban Ki-moon says ICC’s ruling on Bashir must be implemented
The International Criminal Court's warrant for the arrest of Sudanese President Omar al-Bashir must be implemented by countries who have signed up to the Hague court's statutes, U.N. Secretary-General Ban Ki-moon said on Monday.
"The International Criminal Court’s warrant for the arrest of President al-Bashir on charges of crimes against humanity and war crimes is a matter I take extremely seriously," Ban Ki-moon said in Geneva.
South Africa's justice ministry said on Monday it will argue against a court application to force the government to arrest Bashir who has been indicted by the ICC.