[1] The case arose from credible allegations that Zimbabwean officials had tortured members of the Movement for Democratic Change inside Zimbabwe in 2007.

The two respondents, the Southern African Human Rights Litigation Centre and the Zimbabwean Exiles' Forum, had laid suit after the acting National Director of Public Prosecutions, Mokotedi Mpshe, informed them that the National Prosecuting Authority did not intend to investigate the allegations.

The matter was initially heard as Southern African Litigation Centre v National Director of Public Prosecutions in the North Gauteng High Court, where Judge Hans Fabricius ruled in the non-profits' favour on 8 May 2012.

[4][5] Finally, the National Commissioner of the South African Police Service (SAPS) appealed to the Constitutional Court, where the matter was heard on 19 May 2014 and decided on 30 October 2014.

In May 2020, the Mail & Guardian reported that South African law enforcement had been slow to implement the court's order.