A step towards justice and an end to impunity

South Africa's highest court, the Constitutional Court, will tomorrow Monday the 19th of May, preside over a case that is very important to Zimbabwe, as the case may lead to the of end impunity and thuggery immunity in Zimbabwe. The Court will start the process of hearing oral arguments in the National Commissioner of South African Police service(SAPS)v Southern Africa Litigation Centre(SALC).

The case is an appeal from the Supreme Court of Appeal's decision in favor of the latter, compelling the former to investigate allegations of torture committed in 2007 in Zimbabwe by Zimbabwean government officials.

The SALC initiated the litigation after the South African Police Services refuses to investigate evidence of systematic torture, by the Zimbabwe government officials they submitted. SAPS cited diplomatic relationships and sovereignty of Zimbabwe as an excuse.

The case was compounded by the 2007 raid of the MDC Headquarters and the subsequence torture and detention of MDC members. A legal expert stated that, since SA is a signatory of the Rome statutes, the case is being brought in terms of the South African legislation, the implementation of the Rome statute of the International Criminal court Act 27 of 2007(ICC ACT). The ICC Act domesticate the offences of genocide, crimes against humanity and war crimes, making them crimes under South African law.

Its very encouraging in that if the SA constitutional Court upheld the earlier decision made by its lower court, the Supreme court of Appeal, for SAPS to investigate the allegations, victims may finally get justice, a scenario that will be impossible in present day Zimbabwe. A situation that will mean an end to thuggery immunity.

Zanu pf government have been reluctant for apparently no reasons to investigate crimes of torture, abduction, rape and other systematic abuses linked to the State and Zanu pf officials for reasons known to themselves. Instead they have been rewarding the accused with accolades and promotions.

Among many, people like the late notorious CIO thug, Elias Kanengoni, being declared and honored as a National hero. Kanengoni gained his notoriety during the 1990 general elections when he shot the late former Gweru Mayor, Patrick Kombayi. Kanengoni and one other Zanu pf activist pumped over six bullets into Kombayi's groin. The then Gweru mayor's crime was to contest against the late vice President Simon Muzenda for the Gweru parliamentary seat. Despite Kanengoni and his accomplice being sentenced to seven years in jail, they were controversially pardoned by Mugabe, using the Presidential powers. Mugabe went on to promote Kanengoni rising through the CIO ranks to Deputy Director General of the CIO. During his days, Kanengoni was linked to a lot of heinous acts of violence against dissent.

Killing and torturing of civilians will gain one prominence and special accolades within Zanu pf. We have seen it as well with the likes Eliot Manyika, the late Minister, a bootlicker and a praise singer of evil. With a well documented acts of violence, Manyika was allowed to effect terror on citizens at free will, especially in his constituency in Bindura. He was also in the headlines in a 2004 Zengeza parliamentary by-election, were he is accused of shooting dead an MDC member who is believed to be a Mugabe relative, Francis Chinozvinya. Manyika enjoyed an unconstitutional immunity and he went on to be declared a National Hero. Till today, the Chinozvinya family is still waiting for justice that will not come any time soon.

The wife of our late comrade Tonderai Ndira is living in abject poverty and his children were orphaned at a very sad tender age, by a well known group of CIOs. Instead of the thugs to brought to justice, Mugabe government had gone all the way to reward them for their butchering of innocent civilians. With recent developments suggesting that the leader of the thugs that abducted and killed Ndira has been rewarded with a diplomatic post in German.

Just recently as last week, a well known Zanu pf late warlord and a terror monger Biggie Chitoro, who has over the years terrorized villagers in the Midlands, was honored. He was declared a liberation war hero. Its a slap in the face of his victims.

If the SA Highest court, the Constitutional Court rules in favor of the earlier decision made by its lower court, the Supreme Court of Appeal, it will leave the South African Police service constitutionally liable to investigate and arrest any Zimbabwean officials implicated in any abuses committed in Zimbabwe. If any of the accused set foot in SA, they will face the music, even Mugabe himself.

Most of these evil infested Zanu pf officials have properties and business interest in South Africa. Most of these interests were achieved through siphoning of our country's resources. Some of them enjoy South Africa as a holiday destination. So the implications of tomorrows Constitutional proceedings will be of great importance to both the people of Zimbabwe and for the bilateral relationships of the two neighbors.

We should wait with high interest and follow events as they unfold inside the South African Constitutional Court.


Lft Gen Simbarashe Mujeye
MDC T Johannesburg
Alexander Branch Chairman and
General in the Poor Peoples Army.
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