south africa/zimbabwe: challenging the npa’s refusal to act in terms of the icc act

In 2008, SALC submitted a dossier to the South African National Prosecuting Authority (NPA) containing comprehensive evidence of the involvement of eighteen Zimbabwean security officials in perpetrating torture, and requested the NPA and the South African Police Service (SAPS) to initiate an investigation. The NPA has an obligation to investigate cases of alleged international crimes under the Implementation of the Rome Statute of the International Criminal Court Act. South Africa is obliged to investigate and prosecute anyone who commits a crime against humanity as defined by the International Criminal Court. After the NPA and SAPS refused to initiate an investigation, SALC and the Zimbabwe Exiles Forum (ZEF) took this decision on review to the North Gauteng High Court.

On 8 May 2012 Judge Hans Fabricius ruled in SALC’s favour and ordered the NPA and SAPS to initiate an investigation. This decision was taken on appeal to the Supreme Court of Appeal (SCA) by the NPA and SAPS. On 26 November 2013, the SCA held that SAPS is both empowered and required to investigate the crimes against humanity detailed in the dossier.

In January 2014 only SAPS applied for leave to appeal the SCA decision. The matter was heard in the Constitutional Court and on 30 October 2014 the Constitutional Court unanimously ruled that SAPS have a duty to investigate and ordered that investigations begin without delay.

For more information on the case please see the Q and A.

Constitutional Court

Constitutional Court Judgment

Constitutional Court Judgment Summary

SAPS Founding Affidavit

SALC Answering Affidavit

SAPS Heads of Argument

SALC Heads of Argument

 

Amici Curiae Submissions

Centre For Applied Legal Studies

Dugard et al

Peace and Justice Initiative

Tides Centre

 

Supreme Court of Appeal 

Supreme Court of Appeal Judgment

Supreme Court of Appeal Judgment Summary

SAPS Heads of Argument

NPA Heads of Argument

SALC Heads of Argument

All the information relating to the High Court Proceedings can be found here.

 

 

Blog Posts

JUDGMENT IN MAPINGURE V THE STATE: A STEP FORWARD FOR WOMEN’S RIGHTS OR A TOKEN GESTURE

On Tuesday 25 March 2014, the Supreme Court of Zimbabwe ordered the government to compensate » Read More

Lawyers Targeted in Zimbabwe — Again

To be a lawyer in Zimbabwe prepared to act for those who find themselves targeted » Read More

Zimbabwe’s Election Ruling: A Constitutional Conundrum

On 22 May 2013 President Robert Mugabe assented to Zimbabwe’s New Constitution, signing it into » Read More

News Stories

NEWS RELEASE: HIGH COURT ORDERS ARREST OF ICC FUGITIVE, OMAR AL-BASHIR

Pretoria – On Monday 15 June 2015, a full bench of the North Gauteng High » Read More

SALC in the News: Zanu-PF Strategy to Stampede Coalition Partners

Zanu-PF's insistence on smuggling its amendments into the Copac draft constitution is a deliberate strategy » Read More

SALC in the News: Trouble Brewing in Zimbabwe – Constitution-Making in Crisis

Polity Anneke Meerkotter Everyone knew that the constitution-making process in Zimbabwe would be fraught with » Read More

Commentary

Angela Mudukuti

SOUTH AFRICA/SUDAN: SEEKING IMPLEMENTATION OF ICC ARREST WARRANT FOR PRESIDENT BASHIR

SALC sought the implementation of an arrest warrant for Sudan’s President Omar al Bashir who arrived in South Africa for the African Union (AU) summit that took place in Johannesburg 7-15 June 2015. The International Criminal Court (ICC)  issued a warrant for his arrest  in 2009 and 2010 on charges of …» Read More

Angela Mudukuti

South Africa: Challenging NPA inaction for TRC related prosecutions

SALC is supporting the family of Nokuthula Simelane to compel the National Prosecuting Authority (NPA) to either refer the disappearance of anti-apartheid activist Nokuthula Simelane for an inquest or to make a decision whether to prosecute. Nokuthula Simelane was abducted, tortured and forcibly disappeared in 1983 by members of the Security …» Read More