Politics of change and change of politics
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Zimbabweans are on edge because maybe, just maybe, the crisis…

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Zanu PF & SA officials panic over court ruling

HEADLINES, NEWS — BY ADMIN ON MAY 10, 2012 6:22 PM

By Tonderai Kwenda

HARARE – South African and Zimbabwean authorities are in panic over how to deal with a ruling by the North Gauteng court ordering the arrest and prosecution of Zimbabwean officials involved in human rights abuses and torture.

Johannes Tomana

The ruling ordered prosecutors in Pretoria to investigate Zimbabwean officials accused of torturing opposition supporters five years ago.

Zimbabwean officials jumped to criticise the ruling as “political” while their South African counterparts have been put in a fix given the need for Pretoria to maintain warm relations with Harare.

The ruling means that South African authorities can probe and prosecute crimes committed in neighbouring Zimbabwe under international law.

Top Zanu PF officials implicated in the abuses but are untouchables in Harare, now face the real risk of jail because they frequent South Africa for medical care and shopping. They also regularly visit South African universities to see their children studying there.

These officials could end up at the International Criminal Court (ICC). In his ruling, South African judge Hans Fabricius said reasonable grounds for the prosecution of Zimbabwean officials exist.

South Africa Cannot Try Us - Tomana

http://www.radiovop.com

Harare, May 10, 2012 - Zimbabwe’s top lawyer, Johannes Tomana, this week
said Zimbabwean citizens will not be subjected to South African and
international laws that the country is not part to.

He said this in response to a ruling by a South African court this week
ordering the prosecution of Zimbabwean officials who were involved in the
torture of the then opposition Movement for Democratic Change (MDC) party in
2007.
The ruling meant that South African authorities can probe and prosecute
crimes committed in neighbouring Zimbabwe under international law.
In his ruling South African judge Hans Fabricius said there are reasonable
grounds for the prosecution of Zimbabwean officials once they step into
South Africa.
"In my view it is clear when an investigation under the ICC Act is
requested, and a reasonable basis exists for doing an investigation,
political considerations or diplomatic initiatives are not relevant," said
Fabricius in his 100 paged judgement.
Several Zimbabwean officials frequently travel to South Africa for shopping
and medical reasons.
They also regularly visit South African universities to see their children
studying there.
But Tomana dismissed the ruling laughing it off as a political exercise in
futility.
“The South African Police Service has no jurisdiction to prosecute us,” said
Johannes Tomana, Attorney General (AG).
The top government lawyer said even the International Criminal Court (ICC)
have no right over Zimbabweans.

Zimbabwe officials lambast South Africa court over torture ruling

Posted on Wednesday, 09 May 2012 13:10

By Janet Shoko

Officials in Zimbabwe President Robert Mugabe's Zanu PF have dismissed a South African court ruling ordering authorities in the neighbouring country to investigate them for rights abuses as irrelevant.

MAP OF ZIMBABWE

South African High Court Judge Hans Fabricius on Tuesday ruled that police and prosecutors had acted "unconstitutionally and unlawfully" by refusing to investigate the Zimbabwean officials.

"I hereby hand down a mandatory order, with costs, which obliges the respondents (National Directorate of Public Prosecutions and South Africa Police Service) to investigate the docket before them," Fabricius ruled.

He said there was reasonable suspicion that the rule of law did not exist in Zimbabwe and that state agents were perpetrators of human rights violations. "There was reasonable suspicion that crimes were committed," he ruled.

Zim Exiles: We'll take Hawks to The Hague

May 11, 2012 | GRAEME HOSKEN

Zimabawean activists have threatened to refer several members of the Hawks to the International Criminal Court in The Hague for crimes against humanity if they are not brought to justice in South Africa.

Zimbabwean migrants outside the side entrance of the home affairs building in Harrison Street. File photo.

Photograph by: NASTASYA TAY

" 'They have links right to the top, to both politicians and senior officers'"

The threat from the Johannesburg-based Zimbabwe Exile Forum was made a day after Police Minister Nathi Mthethwa told parliament that an investigation into several Hawks officers was nearing completion.

Zim government divided over SA torture ruling

http://mg.co.za/

09 May 2012 02:02 - AFP

Zimbabwe's justice minister has denounced a South African court's ruling
ordering an investigation of those accused of torturing Zanu-PF opponents.

“The ruling brings the South African justice system into disrepute. No
specifics have been identified, because they should have laid a blow-by-blow
account of what crime has been committed,” Patrick Chinamasa told state
media on Wednesday.

In a landmark judgment, the North Gauteng High Court on Tuesday ruled that
authorities in South Africa can probe and prosecute not only high-level
crimes committed in neighbouring Zimbabwe, but anywhere else in the world.

The case centres on Zimbabwean officials accused of state-sanctioned torture
against scores of activists following a raid on the headquarters of the
Movement for Democratic Change (MDC) in 2007.

MDC leader Morgan Tsvangirai is now the prime minister in a power-sharing
government with Mugabe.

His party hailed the decision.

“Torture is a barbaric instrument of dealing with issues of politics,”
spokesperson Nelson Chamisa told Agence France-Presse.

“For that reason it remains our wish that all people of Zimbabwe with
injured hearts and troubled minds are brought to restorative and
rehabilitative, as opposed to retributive, justice ... The pains of the past
will always haunt the stability of the future. It is vitally important that
things are brought to the table instead of being swept under the carpet.”