Southern African Litigation Centre and Another v National Director of Public Prosecutions and Others was decided in the North Gauteng High Court on 8 May 2012.
In March 2007 Zimbabwe police raided Harvest House, the headquarters of the political opposition the Movement for Democratic Change, and detained and tortured scores of people.
The SALC dossier stated that the Zimbabwean officials suspected of committing the torture regularly travelled to South Africa and so the country had jurisdiction under the ICC Act to investigate them.
SALC and the Zimbabwe Exiles Forum (ZEF) launched review proceedings in the North Gauteng High Court,[3] requesting the court to review and set aside the decision not to investigate on the basis that the authorities had failed to properly consider SALC's request and that by refusing to investigate they were not giving effect to their obligations under the ICC Act and international criminal law.
Judge Fabricius found in favour of SALC and ZEF and held that the decision taken by the NPA and the SAPS not to initiate an investigation into the allegations of torture committed by Zimbabwean officials was “unlawful, inconsistent with the Constitution and therefore invalid.” The Judge set aside the decision and ordered that the South African authorities work together in reassessing SALC's request for an investigation.