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South Africa High Court Judgment Case 77150/09 - SALC & ZEF vs. National Director of Public Prosecutions et al.
South Africa High Court
May 08, 2012

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Case Number: 77150/09

In the matter between:

Southern African Litigation Centre: 1st Applicant
Zimbabwe Exiles Forum: 2nd Applicant

vs

National Director of Public Prosecutions: 1st Respondent
The Head of Priority Crimes Litigation Unit: 2nd Respondent
Director-General of Justice and Constitutional Development: 3rd Respondent
National Commissioner of the South African Police Service: 4th Respondent

Judgment

1. This is an application for judicial review of the decision of the First, Second and Fourth Respondents not to institute an investigation into crimes against humanity of torture committed in Zimbabwe ("impugned decision(s)"). The Second Respondent has filed a notice to abide by the decision of this court, but belatedly also filed an answering affidavit which I will deal with hereunder.

2. The application is brought in terms of s6 of the Promotion of Administrative Justice Act 3 of 2000 ("PAJA") and the Implementation of the Rome Statute Act of the International Criminal Court Act 27 of 2002 (ICC Act).

2. The application is brought in terms of s6 of the Promotion of Administrative Justice Act 3 of 2000 ("PAJA") and the Implementation of the Rome Statute Act of the International Criminal Court Act 27 of 2002 (ICC Act).

3. According to the Applicants it concerns the First, Second and Fourth Respondents' failure to discharge their obligations to investigate and prosecute crimes under international law in accordance with South Africa's international law obligations, and domestic law contemplated in the Rome Statute of the International Criminal Court ("Rome Statute") and the ICC Act.

4. Independently of PAJA, it also allegedly concerns the prolonged refusal and/or failure by the Respondents to act in conformity with their obligations under the ICC Act, the principle of legality, and their obligations under s179 of the Constitution of 1996 read with the requirements of the National Prosecution Authority Act 32 of 1998 as amended.

5. In addition, the delays by the Respondents in making their decision allegedly violates s237 of the Constitution, which requires all constitutional obligations to be performed diligently and without delay.

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