A South African judge has ordered prosecutors in that country to investigate whether President Robert Mugabe’s regime committed human rights abuses. The ruling by High Court Judge Hans Fabricius is the first under 2002 statutes spelling out South Africa’s international law obligations, and a first for Africa.
The case was brought by the Southern Africa Litigation Centre (SALC), along with the Zimbabwean Exiles Forum (ZEF), many of whose members fled to South Africa saying they had been tortured by Zimbabwean security agents.
They argued that because it recognises the ICC, it is obliged to act on allegations of human rights abuses. The judge agreed saying it would benefit Zimbabweans tortured in their homeland and South Africans determined to see their own government live up to its international responsibilities.
According to human rights lawyer Nicole Fritz from the SALC the order allows South Africa and its strong judicial system to hold Zimbabwean officials responsible for crimes allegedly committed ahead of violent and inconclusive 2008 elections.
Fritz noted that refugees fleeing Zimbabwe’s political violence and economic chaos have come to neighbouring South Africa by the thousands. Zimbabwean officials implicated in abuses also come to South Africa on official and personal business.
National Prosecuting Authority spokesman Mthunzi Mhaga said prosecutors will study the ruling and decide what legal steps to take. Luke Tamborinyoka, Tsvangirai’s spokesman, welcomed the ruling in Harare.
“It’s high time perpetrators of violence were brought to book,” Tamborinyoka said. “It is also in the interest of the South African government to make an inquiry on the violence in Zimbabwe, not just because of a court ruling but so that they will get to know the extent of violence in this country.”
Repeated attempts to reach ZANU-PF officials were unsuccessful.
