News / Africa
SA's Supreme Court to hear MDC-T torture case
30 Oct 2013 at 06:18hrs | Views
THE South African Supreme Court will on Friday hear a case in which the National Prosecuting Authority and police are seeking leave of appeal against a court ruling forcing them to investigate a case in which MDC-T activists were allegedly tortured by senior Zimbabwean government officials in March 2007.
In a statement yesterday, the South African Litigation Centre (SALC) wanted the Zimbabwean officials investigated and prosecuted by the South African authorities for crimes against humanity.
But the two South African bodies said the law provided for them to investigate such a case only when the suspects were in South Africa.
SALC felt the requirement for the suspect to be present in the country to start the investigations and duration of that process posed an "absurdity" as the investigations would have to be suspended any time the suspect left the country.
The leave for appeal, which will be heard in Bloemfontein, followed a ruling by the North Gauteng High Court in May 2012, setting aside the decision of the NPA and South Africa Police Service (SAPS) to halt investigations into the matter.
It ruled that the decision by NPA and SAPS was in violation of the South African authorities' domestic and international legal obligations, and therefore unlawful and unconstitutional.
SALC initiated the case after the raid of the MDC-T headquarters, Harvest House, in Harare in which dozens of the party's activists were arrested with claims that they were later tortured.
In a statement yesterday, the South African Litigation Centre (SALC) wanted the Zimbabwean officials investigated and prosecuted by the South African authorities for crimes against humanity.
But the two South African bodies said the law provided for them to investigate such a case only when the suspects were in South Africa.
SALC felt the requirement for the suspect to be present in the country to start the investigations and duration of that process posed an "absurdity" as the investigations would have to be suspended any time the suspect left the country.
It ruled that the decision by NPA and SAPS was in violation of the South African authorities' domestic and international legal obligations, and therefore unlawful and unconstitutional.
SALC initiated the case after the raid of the MDC-T headquarters, Harvest House, in Harare in which dozens of the party's activists were arrested with claims that they were later tortured.
Source - newsday
