SOUTH AFRICA: A South African court rules its legal system can be used to investigate and prosecute citizens of neighbouring Zimbabwe for suspected of crimes against humanity
Record ID:
334661
SOUTH AFRICA: A South African court rules its legal system can be used to investigate and prosecute citizens of neighbouring Zimbabwe for suspected of crimes against humanity
- Title: SOUTH AFRICA: A South African court rules its legal system can be used to investigate and prosecute citizens of neighbouring Zimbabwe for suspected of crimes against humanity
- Date: 9th May 2012
- Summary: PRETORIA, SOUTH AFRICA (MAY 8, 2012) (REUTERS) PEOPLE WALKING INTO THE NORTH GAUTENG HIGH COURT SIGN READING 'SUPREME COURT, TRANSVAAL PROVINCIAL DIVISION HIGH COURT JUDGE, HANS FABRICIUS, READING JUDGEMENT (SOUNDBITE) (English) HANS FABRICIUS, HIGH COURT JUDGE, SAYING: "I'll only mention the following issues for purposes of the judgement, they are South Africa's obligation under international law to investigate and to prosecute international crimes in terms of the Rome statute and its relevance to the impute decisions and South Africa's domestic obligations to investigate and prosecute international crimes contemplated in the international criminal court act and the legal framework it created. For present purposes this would also involve obviously the South African constitution and the national prosecution authority act." VARIOUS OF COURT DOCUMENTS (SOUNDBITE) (English) HANS FABRICIUS, HIGH COURT JUDGE, SAYING: "I have prepared a lengthy written judgement which I will hand down, I have granted the order with costs and I have structured it in terms of a mandatory order which obliges the first, third and fourth respondents to investigate the docket before it. I hand down this judgement." EXECUTIVE DIRECTOR OF SOUTHERN AFRICA LITIGATION CENTRE, NICOLE FRITZ, SPEAKING TO JOURNALISTS SCREEN SHOWING FRITZ (SOUNDBITE) (English) NICOLE FRITZ, EXECUTIVE DIRECTOR OF SOUTHERN AFRICA LITIGATION CENTRE, SAYING: "It's the strongest possible judgement that we could hope for. I mean, that the judge has ordered that an investigation be conducted; given costs, I think it's a reflection of the fact that the judge has felt that the prosecuting authorities acted improperly and unconstitutionally in not treating our dossier seriously and not giving it the investigation that it warranted." ZIMBABWE'S EXILE FORUMS CHAIRPERSON GABRIEL SHUMBA TALKING TO JOURNALIST (SOUNDBITE) (English) GABRIEL SHUMBA, ZIMBABWE'S EXILE FORUMS CHAIRPERSON, SAYING: "The decision which makes it mandatory for the South African government to investigate and prosecute perpetrators of crimes against humanity in a foreign jurisdiction is the triumph of justice, it is actually a triumph for the victims of torture and it is a triumph for the rule of law over political considerations and we very, very happy about it." EXTERIOR OF COURT HOUSE
- Embargoed: 24th May 2012 13:00
- Keywords:
- Location: South Africa
- Country: South Africa
- Topics: Crime,International Relations,Politics
- Reuters ID: LVA1F4Y31R8RS768Q6UMAHC229JN
- Story Text: A South African court ruled on Tuesday (May 8) its legal system can be used to investigate and prosecute citizens of neighbouring Zimbabwe for suspected crimes against humanity.
The decision by a high court in Pretoria could prod South Africa into launching investigations into high-ranking Harare officials that would strain already difficult diplomatic relations with the power-sharing government in Zimbabwe.
Judge Hans Fabricius said South Africa was bound by its international legal responsibilities to investigate Zimbabwean officials linked to acts of state-sanctioned torture.
"They are South Africa's obligation under international law to investigate and to prosecute international crimes in terms of the Rome statute and its relevance to the impute decisions and South Africa's domestic obligations to investigate and prosecute international crimes contemplated in the international criminal court act and the legal framework it created. For present purposes this would also involve obviously the South African constitution and the national prosecution authority act," Judge Hans Fabricius told the courts.
The ruling applies to Zimbabweans in South Africa and could be extended to those who have travel plans to the country.
President Robert Mugabe and several members of his ruling ZANU-PF have already been hit with international sanctions for suspected human rights abuses that include using death squads to intimidate citizens and rigging elections to stay in power.
"It's the strongest possible judgement that we could hope for. I mean, that the judge has ordered that an investigation be conducted; given costs, I think its a reflection of the fact that the judge has felt that the prosecuting authorities acted improperly and unconstitutionally in not treating our dossier seriously and not giving it the investigation that it warranted," said Nicole Fritz, executive director of the Southern Africa Litigation Centre, which is one of the applicants.
Several ZANU-PF officials face travel bans to many Western countries and the court decision could make it difficult for them to visit South Africa where they could face criminal prosecution.
"The decision which makes it mandatory for the South African government to investigate and prosecute perpetrators of crimes against humanity in a foreign jurisdiction is the triumph of justice, it is actually a triumph for the victims of torture and it is a triumph for the rule of law over political considerations and we very, very happy about it," said Zimbabwe's Exile Forums Chairperson Gabriel Shumba.
Mugabe's ZANU-PF has avoided criminal investigations at home because it controls state security and court system. It has been accused of suppressing opposition through strong-arm police tactics and prosecuting its foes on trumped-up charges.
In power since independence from Britain in 1980, Mugabe says the allegations of abuses are part of an international plot to unseat him.
South Africa allowed more than a million people from Zimbabwe to enter without documents three years ago when its destitute neighbour was swept up in political violence and its already unsteady economy was being crushed by hyperinflation.
Many thousands of these say they are victims of political violence, and could press prosecutors to investigate rights abuses. - Copyright Holder: REUTERS
- Copyright Notice: (c) Copyright Thomson Reuters 2012. Open For Restrictions - http://about.reuters.com/fulllegal.asp
- Usage Terms/Restrictions: None