Paula Donovan, Co-Director, AIDS-Free World said the ruling will help curb a recurrence of such violence ahead of the next general election likely to be held later this year.
“The timing of this investigation could not be more urgent. The country is again poised on the verge of a presidential election. Threats of violence against civil society and supporters of the opposition parties have again been made,” Donovan said in an interview in Johannesburg.
In 2008, AIDS-Free World filed a submission with the NPA requesting South African authorities investigate and prosecute the crimes.
This followed the violence that characterized the presidential elections.
Zanu (PF) supporters and the uniformed forces unleashed a ruthless campaign of violence against opposition party supporters in order to intimidate voters and secure Robert Mugabe the presidency.
Their political strategy featured the widespread gang rape and torture of women throughout the country.
Aids-Free World’s submission included testimony from 84 victims, reports from witnesses, doctors, and domestic and international NGOs, and the names of over 200 suspected perpetrators and orchestrators of the politically motivated rape.
“The Priority Crimes Litigation Unit of the NPA and the Directorate for Priority Crime Investigation of SAPS wasted no time in responding to the submission, demonstrating the gravity of the charges and of the fact that, if left unaddressed, such crimes could be committed again during the 2013 elections,” Donovan said.
Prosecuting the crimes against humanity domestically in Zimbabwe is not possible in the current political climate and legal system. The newly created Zimbabwe Human Rights Commission cannot investigate any of the politically motivated rape or other violence that took place in 2008.
A clause inserted into the bill that created the Commission last year prevents the Commissioners from investigating human rights abuses prior to 2009.
The International Criminal Court cannot address the crimes because Zimbabwe has not ratified the Rome Statute and therefore is not under the ICC’s jurisdiction.
South Africa, however, has both ratified the Rome Statute and incorporated it into its domestic law, giving the country international and statutory obligations to bring the perpetrators of such atrocities to justice.
South Africa’s proximity to Zimbabwe, Donovan said, also made it likely that perpetrators will enter the country, where they can then be prosecuted.
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