This was the first case in South Africa to be brought under the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (ICC Act). Judge Fabricius declared the decision of South African National Prosecuting Authority (NPA) and the South African Police Service (SAPS) not to initiate an investigation in crimes against humanity unlawful, inconsistent with the Constitution and contrary to the purpose and objects of the Rome Statute and ICC Act. The judgment deals with:
- The nature and extent of the obligation of the NPA and SAPS to investigate and prosecute international crimes;
- The evidentiary threshold for triggering an investigation in terms of the ICC Act;
- The jurisdictional remit of the NPA and SAPS under the ICC Act; and
- The relevance of political considerations in relation to decisions taken to investigate under the ICC Act.
Click on the link below to download the judgment.
Zimbabwe Torture Judgment – SALC and Another v NDPP and Others