SW Radio Africa (London)
Tererai Karimakwenda
6 May 2008
The Johannesburg based Southern African Litigation Centre (SALC) has confirmed that 2 weeks before the March 29 elections, they urged South Africa's National Prosecuting Authority (NPA) to investigate and prosecute 18 top Zimbabwe security officials for committing crimes against humanity.
The crimes related to the torture of officials and members of the MDC, whose testimonies were submitted in a dossier, sent to the NPA along with a legal opinion that forms the basis for prosecution. To date the SALC has not received a formal response from the NPA.
SALC director Nicole Fritz said they took this action because they anticipated high levels of violence over the election period, meant to intimidate voters in communities that were not seen as supporters of ZANU-PF.
Fritz explained that their argument is that torture on such a large and systematic scale suggests that it was ordered by the state, and this constitutes crimes against humanity.
Fritz also explained that the Rome Statute that established the International Criminal Court, obliges South Africa to arrest and prosecute anyone who commits a crime against humanity no matter where the crimes were committed, if the perpetrators are within the territories of South Africa or inside South Africa itself. This means Zimbabwean officials who often visit South Africa for official business or personal trips can be apprehended and prosecuted.
The list of Zimbabwean security officials named in the report includes Happyton Bonyongwe, Head of the Department of State Security in the President's Office; Augustine Chihuri, Commissioner General of Police; Paradzayi Zimondi, Prisons Commissioner; Constantine Chigwenga, Head of Defence Forces; Didymus Mutasa, Minister of State Security; Kembo Mohadi, Minister of Home Affairs; Assistant Commissioner Musarashana Godwin Mabunda; and Superintendent, Law and Order Section, Harare, J Chani.
Asked if South Africa's prosecuting authority was independent and able to investigate the cases without political interference, Botha said she hopes that they would be able to function independently. But she added that there was cause for concern given recent controversy over allegations that the government had interfered with some investigations.
Meanwhile President Mbeki's credibility as a mediator on the Zimbabwe crisis is to come under scrutiny, if a motion tabled by the country's main opposition the Democratic Alliance, is adopted by parliament. The DA's parliamentary leader, Sandra Botha, said they were calling for a parliamentary debate on the post-election crisis in Zimbabwe, and for an investigation into the "distinct lack of action" on Zimbabwe by Mbeki and the South African government. The motion was tabled on Tuesday and now goes to a committee which will decide whether it can be debated in parliament.
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