According to SALC and ZEF, "the High Court has an opportunity to set an important precedent, which will ensure that South Africa lives up to its legal responsibilities to prosecute the perpetrators of international crimes."
The case was launched after the National Prosecuting Authority (NPA) and the South African Police Services (SAPS) decided not to investigate Zimbabwean officials linked to acts of state-sanctioned torture following a police raid on the headquarters of the Movement for Democratic Change in 2007. SALC and ZEF are asking the High Court to review and set aside this decision. "The decision not to pursue credible evidence of crimes against humanity was taken for political reasons," said Nicole Fritz, Executive Director of SALC, "it ignored South Africa's clear obligations under both international and domestic law."
In March 2008, SALC submitted a detailed docket to the NPA, documenting acts of torture committed after the Zimbabwean police raid on MDC's Harvest House. Torture is a crime against humanity, according to the International Criminal Court (ICC). "As soon as the NPA was in possession of the docket, South Africa (was obliged by law) to investigate with a view to prosecuting those responsible," said Gabriel Shumba, Chairperson of ZEF. According to Allafrica.com, this meant that South Africa was expected to arrest and prosecute perpetrators of international crimes if they enter the country." The Zimbabwean officials identified in the docket should have been arrested when they set foot in South Africa or at the very least questioned, Shumba said. SALC and ZEF argue that the NAP's rejection of the docket is irrational, unlawful, took into account irrelevant considerations and ignores South Africa's international and domestic obligations to investigate and prosecute international crimes.
Read the full article on http://allafrica.com.
