Promoting Human Rights & Rule of Law in South Africa
24 April, 2012
At the end of March the North Gauteng High Court reserved judgment in SALC’s landmark torture case in which SALC and the Zimbabwe Exiles Forum asked the High Court to set aside a decision of South Africa’s National Prosecuting Authority and police service not to investigate and prosecute high level Zimbabwean officials accused of torture. The case, the first to be brought in terms of South Africa’s domestic Rome Statute Act, raises important questions about the content and nature of South Africa’s obligations to investigate and prosecute international crimes. Although the judgment is only expected in May 2012, the issues raised certainly provide food for thought.
In this regard, Christopher Gevers of the University of Kwazulu Natal provides an excellent analysis of the case through the lense of universal jurisdiction on EJIL:Talk, the European Journal of International Law blog.
The blog post is titled The Application of Universal Jurisdiction in South African Law and to wet your appetite, this is Gevers’ overall impression of the case:
“Having witnessed the judge’s handling of the case, I would certainly not characterize him as a shrinking violet, quite the contrary. Equally so, it was clear that he had a complete and considerable grasp of all of the complex issues raised by the parties, as well as the significance of the case both from the perspective of the victims, and its broader context. All this augurs well for those of us looking for a wide-ranging, precedent-setting judgment fitting of the inaugural judicial pronouncement on South Africa’s ICC Act.”
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