PRETORIA, South Africa — A South African judge has ordered prosecutors to investigate whether Zimbabwean President Robert Mugabe’s government committed human rights abuses, saying it would benefit Zimbabweans tortured in their homeland and South Africans determined to see their own government live up to its international responsibilities.
The ruling Tuesday by High Court Judge Hans Fabricius is the first under 2002 statutes spelling out South Africa’s international law obligations, and a significant step for Africa. While the order is important, legal wrangles could derail an investigation. And if it did go ahead it could complicate South Africa’s role as the main mediator in Zimbabwe’s political crisis.
Human rights lawyer Nicole Fritz, whose Southern Africa Litigation Center joined the Zimbabwean Exiles forum to bring the suit, said human rights groups have documented cases of torture and other crimes in Zimbabwe. “These crimes of the worst type are the responsibility of all the international community,” Fritz said.
Fabricius’ order, she said, allows South Africa’s strong judicial system to hold Zimbabwean officials responsible for crimes allegedly committed ahead of violent and inconclusive 2008 elections.