Press release: LHR welcomes ruling compelling SAPS to investigate crimes against humanity in Zimbabwe

Lawyers for Human Rights welcomes today’s Constitutional Court ruling that the South African Police Service must investigate crimes against humanity committed in Zimbabwe.

This landmark case began in 2008 when the South Africa Litigation Centre (SALC) handed over a dossier of evidence of these crimes to the SAPS and National Prosecuting Authority.  The evidence dealt specifically with a police raid on Movement for Democratic Change headquarters in 2007.

This ruling is the final step in a lengthy battle to compel South African authorities to abide their domestic and international obligation to investigate and, if necessary, prosecute those accused of crimes against humanity, including torture.

“We are quite happy that the Constitutional Court has come out so strongly in favour of full implementation of South Africa’s Rome Statute Act,” said David Cote, coordinator of LHR’s Strategic Litigation Programme.  “Universal jurisdiction against the most abominable crimes is a worldwide movement and an important step against impunity.”

In May 2012, the North Gauteng High Court set aside the NPA and SAPS’s decision not to initiate an investigation. The high court held that South African authorities had not acted in accordance with their legal obligations and ruled the decision unlawful.

SAPS had argued that for such crimes to be investigated, alleged perpetrators had to be physically present in South Africa – a ground that the Constitutional Court has rejected, stating “the duty to uphold protection against torture travels beyond borders…”.

He added: “The SCA held that SAPS has the requisite power to investigate the allegations of torture. I would go further. There is not just a power, but also a duty.”

The NPA and SAPS took the matter on appeal and in November 2013 the Supreme Court of Appeal also held that SAPS, in particular, is empowered and required to investigate the crimes against humanity detailed in the dossier. SAPS alone appealed the judgment, taking this matter to the Constitutional Court.

In judgment, the Court pointed out that South Africa has a duty to investigate when the country in which the crime occurs is either unwilling or unable to investigate. He concluded that it was unlikely that Zimbabwean authorities would investigate the crimes, thereby placing the duty on SA to step in in this case. 

We look forward to the outcome of the SAPS investigation and hope to see justice for the victims of these crimes.