Facts
This is the first case in South Africa to be opened under South Africa’s Implementation of the Rome Statute of the International Criminal Court Act (ICC Act).
The case was launched against Zimbabwean officials for serious crimes under international law allegedly committed during the March 2007 election in Zimbabwe and the raid of the opposition party’s (MDC) headquarters by the state police.
Procedure
On 14 March 2008, the Southern Africa Litigation Centre (SALC) and the Zimbabwe Exiles Forum (ZEF) presented a complaint before the South African National Prosecuting Authority (NPA) and the South African Police Service (SAPS) against eighteen Zimbabwean security officials, for widespread and systematic acts of torture, as a crime against humanity. The NPA and SAPS refused to open an investigation. On 8 May 2012, the North Gauteng High Court, seized by the SALC, ordered the authorities to begin an investigation. The South African Supreme Court confirmed on 26 November 2013 that the NPA is required to investigate crimes against humanity. In January 2014, an appeal was launched against the Supreme Court decision.
The Constitutional Court ruled on 30 October 2014 that the SAPS must investigate crimes against humanity committed in Zimbabwe in 2007.