Business Day (Johannesburg)

South Africa: Bid to Force Arrest of Zimbabwe Rights Violators

Johannesburg — ZIMBABWEAN human rights violators could lose the right to travel to SA if an appeal due to be brought in the North Gauteng High Court today succeeds in forcing the National Prosecuting Authority (NPA) to arrest known perpetrators who set foot in the country.

The Southern Africa Litigation Centre (SALC), along with the Zimbabwe Exiles Forum, is seeking an order setting aside a decision by the NPA not to prosecute 18 identified Zimbabwean human rights violators in the event they travel to SA.

The case, aimed at preventing SA from becoming a haven for those who commit crimes against humanity, is the first such action in the country. It arises from a dossier submitted to the NPA in March last year, two weeks before the violent election in Zimbabwe.

Earlier this year attempts were also made to secure accountability for the victims of the war in Gaza with a dossier being submitted to the NPA, said Nicole Fritz, the head of the SALC.

The Zimbabwe dossier included a legal opinion by advocates Wim Trengove, Gilbert Marcus and Max du Plessis about SA's obligations under the Implementations of the Rome Statute of the International Criminal Court (ICC) Act.

The dossier contained numerous affidavits detailing personal experiences of widespread torture at the hands of the Zimbabwean police. Fritz brushed off suggestions that the case could jeopardise the fragile unity government, saying it was meant to prevent a recurrence of such abuses. "Security accountability can help stem the fallout in Zimbabwe," she said.

Fritz said after a round of correspondence, SALC finally received a letter from the then acting NPA director Mokotedi Mpshe six months ago to the effect that he had been advised that the police did not intend investigating the matter.

The ICC legislation gives South African authorities the power to investigate and prosecute acts of genocide, crimes against humanity and war crimes, no matter where those acts have been committed. This applies even if the perpetrators are not South African nationals .

The SALC maintained in its submission to the NPA that the senior Zimbabwean officials named travelled to SA fairly often, both for official and personal reasons.


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Comments 1 to 5 of 6 Post a comment

  • chokora
    Dec 15 2009, 14:52

    "ZIMBABWEAN human rights violators could lose the right to travel to SA if an appeal due to be brought in the North Gauteng High Court today succeeds"

    The hints are there for all natives to behold.

    The whites give them in plenty.

    Perhaps the natives of South Africa should take a hint - on how these apartheid Hitlers who tortured, raped, slaughtered the natives and commandeered the ancetral lands ought to have been ruthlessly dealt with.

    And they will.

  • akapfunde1
    Dec 29 2009, 11:14

    Hey hey every one . . . Zimbabwean are not Ma kwerekwere in Zimbabwe. Dont get carried away, please.

  • Lowest Common Multiple
    Dec 15 2009, 15:52

    The international community net against war crime and human right perpetrators is zeroing in. The British has called for the Israeli minister to be summoned to ICC for killing 14 000 Palestinians. I think the same should happen to Bush and Blair in regards to Iraq invasion. I think SA is in the right direction. The same policy should b adopted b all the countries who are part of this mother planate earth. Zimbabwe should adopt the policy as well. We do not need to be a safe heaven to those criminals. It is a concern to those who have committed such crimes. What you rip is what you sow. I hope we do not have such victims in Zimbabwe, if we do let thm enjoy he fruits of heir deeds.

  • chokora
    Dec 15 2009, 17:37

    "The international community net against war crime and human right perpetrators is zeroing in. "

    Yet when it comes to crimes committed by whites or their lackeys - the international community forgets the net.

    Consider the case of rights violators in Egypt. In Morrocco. Consider the case of mass slaughter in DRC by forces from Uganda and Rwanda. 1,500 dead every day. Like today.

    Conside the case of the USA/UK as rights violators in Iraq, Afghanistan, Pakistan, Cuba and various European destinations of USA's rendition trips ... How many were tortured, raped, killed today? And indeed it may be said that the UN, and the ICC, are complicit in all that ...

    That does not bother you. The rhodie can do no wrong.

  • chokora
    Dec 17 2009, 14:23

    " .. The British has called for the Israeli minister to be summoned to ICC for killing 14 000 Palestinians. I think the same should happen to Bush and Blair in regards to Iraq invasion. "

    What are the chances of that coming to pass? ZERO.

    Belgium tried it a little harder than Bush found comfortable. After a few threats from Bush, Leopold's Belgians realized what is important to them - their well-being and their cowardice: They couldn't take the Iraq-/ Cuba-/ Zimbabwe-like sanctions.

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