National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another

In March 2007, Zimbabwean police allegedly tortured more than 100 Zimbabwean nationals during raids on the opposition MDC’s headquarters in Harare. The Southern African Human Rights Litigation Centre (SALC), supported by the Zimbabwe Exiles’ Forum, compiled a detailed dossier containing sworn statements and corroborating evidence and submitted it to South Africa’s National Prosecuting Authority, requesting an investigation under the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (ICC Act). SALC contended that the torture amounted to crimes against humanity and that South Africa had obligations under domestic and international law to investigate. The National Commissioner of the South African Police Service (SAPS) declined to initiate an investigation, citing evidentiary insufficiency, impracticality, and the absence of the alleged perpetrators from South Africa. SALC and ZEF successfully challenged this decision in the High Court and the Supreme Court of Appeal. The National Commissioner then sought leave to appeal to the Constitutional Court.

Leave to appeal was granted, but the appeal was dismissed. The decision of the National Commissioner of SAPS declining to investigate was reviewed and set aside, and SAPS was ordered to investigate the complaint. The applicant was ordered to pay the respondents’ costs in all courts.

This case is a leading South African authority on universal jurisdiction and the domestic enforcement of international criminal law. It affirms South Africa’s obligation to investigate international crimes such as torture committed abroad and underscores the constitutional role of international law in shaping domestic duties of law‑enforcement agencies. The judgment strengthens accountability for crimes against humanity and positions South Africa as an active participant in the global fight against impunity.