Zimbabwe Torture Case Postponed

The North Gauteng High Court was today forced to postpone the landmark case brought to compel South Africa to investigate and prosecute high-level Zimbabwean officials accused of crimes against humanity.

Proceedings were postponed after the National Director of Public Prosecutions (NDPP) appointed new counsel only days before the beginning of the hearing.

“While the delay is regrettable, the Southern Africa Litigation Centre (SALC) and the Zimbabwean Exiles Forum (ZEF) believe that the postponement is necessary for the proper adjudication of this matter given the importance of the issues at stake,” said Nicole Fritz, Executive Director of the SALC.

The case concerns South Africa’s obligations as a signatory to the Rome Statute of the International Criminal Court (ICC).

The SALC and the ZEF are seeking to compel South Africa to abide by its legal obligations to investigate and prosecute high level Zimbabwean officials accused of crimes against humanity, and in doing so set aside the previous stance of the National Prosecuting Authority (NPA) and South African Police Services (SAPS).

The challenge relates to the torture of scores of activists during Zimbabwean police raids on the MDC’s headquarters in March 2007. The crux of the case surrounds a detailed docket documenting the alleged acts of torture, submitted by the SALC to the NPA’s Priority Crimes Litigation Unit in March 2008.

“As soon as the NPA was in possession of the docket, South Africa’s obligations to investigate with a view to prosecuting those responsible were triggered,” says ZEF Chairperson, Gabriel Shumba.

As a signatory to the Rome Statute, which was incorporated into South African domestic law by the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, it is submitted that South Africa is committed to investigate and prosecute perpetrators of serious international crimes.

If the court is convinced by the arguments put forward by the SALC and the ZEF, it would be the first time the importance of South Africa’s international obligations to the ICC have been underlined. In addition, it would be a landmark case highlighting the general importance South Africa must grant to charges of crimes against humanity in general.

As Fritz makes clear,  “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 wherever they are committed.”

The last-minute decision of the NDPP to terminate the services of State Advocate Christopher Macadam has also coincided with spectacular revelations made by Anton Ackermann, the head of the NDPP’s Priority Crimes Litigation Unit (PCLU). As head of the PCLU, Ackermann was the initial recipient of the SALC’s request to initiate an investigation, and made several requests none of which was followed. According to his sworn testimony, he requested the opening of the docket, the consultation of SALC, the PCLU to be approached for guidance, and for the docket to be submitted to the NPA for a final decision.

As a cited respondent, Ackermann was within his rights to independently participate in the proceedings. However, as recent evidence has revealed, his version of events has been met with resistance and even threats from his colleagues.

Shumba notes that  “Ackermann’s affidavit and appended correspondence makes it clear that he was manipulated and lied to for years and that his colleagues and the State Advocate resorted to bullying tactics better suited to playgrounds in a desperate attempt to silence him.”

These recent revelations have undoubtedly cast serious doubt over the initial reasons put forward by the Police Commissioner for not initiating sooner an investigation when requested.

The case will continue at a later date to be determined by the court.

For further information:

Court to hear argument on SA prosecuting Zimbabwean officials Business Day

NPA Infighting Causes Postponement of Zimbabwe Torture Case South Africa Litigation Centre

Zimbabwe: South Africa- Zimbabwean Prosecutions? All Africa

SA High Court to hear Zimbabwe torture case Open Society Initiative for Southern Africa