South African Supreme Court of Appeal will Hear Zimbabwe Torture Case
September 21, 2012
The Supreme Court of Appeal has granted the National Prosecuting Authority (NPA) and the South African Police Service (SAPS) leave to appeal the Zimbabwe Torture Case in which the North Gauteng High Court ordered the NPA and SAPS to investigate crimes against humanity committed in Zimbabwe.
The Supreme Court of Appeal is however likely to limit legal argument to the interpretation of the section 4(1) and section 4(3)(c) of the Implementation of the Rome Statute of the International Criminal Court Act (ICC Act). These provisions deal with the jurisdiction of the South African authorities to investigate international crimes committed beyond South Africa’s borders. The following findings of the High Court will therefore not be challenged: that a reasonable basis exists to believe that crimes against humanity were committed in Zimbabwe; that the NPA and SAPS did not take South Africa’s international obligations into consideration in taking the decision not to investigate; 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; and the (ir)relevance of political considerations in relation to decisions taken to investigate under the ICC Act.
Hearing dates have not been allocated. More information about the Zimbabwe Torture Case and the Appeal is available HERE. For regular updates on this and other cases follow SALC on Twitter @follow_salc