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Angry Zim minister hits back
Jason Moyo, Mail and Guardian (SA)
May 11, 2012

Zimbabwe has reacted angrily to a court ruling that South Africa must investigate and prosecute Zimbabwean leaders for human rights abuses.

North Gauteng High Court Judge Hans Fabricius has ruled that, under South Africa's international law obligations, South Africa has a duty to prosecute members of President Robert Mugabe's government, accused by rights campaigners of the torture of opposition activists in 2007.

But Zimbabwe's justice minister, Patrick Chinamasa, described the ruling as a "sad moment " for the South African justice system and said South Africa had no legal right to try Zimbabweans for crimes allegedly committed in their own country.

Fabricius ruling, he said was part of an "ex-Rhodesian" agenda to put Zimbabwe under the spotlight ahead of a planned visit by the United Nations Human Rights commissioner, Navil Pillay.

"These people are working in cahoots with e-Rhodies who brought a case against the government on the land issue," said Chinamasa, referring to a case brought to regional court by displaced white farmers. "They use the same source of funding to push a vendetta by white former colonial masters to cast Zimbabwe in the worst light to the world."

Chinamasa said the ruling brought "the South African justice into disrepute" and was based on hearsay and opinion.

"That the court made the ruling based on generalised opinion is a sad moment for the justice system in South Africa."

Chinamasa said South Africa had no jurisdiction to arrest and try Zimbabweans for crimes allegedly committed in Zimbabwe.

"Even if a Zimbabwean commits a crime in South Africa and escapes to back home, they have to got through the necessary legal processes for the person to be extradited to that country for trial," he said.

Luke Tamborinyoka, a spokesperson for Prime Minister Morgan Tsvangirai, welcomed the ruling and said it was time the perpetrators of violence faced justice.

Tsvangirai, was beaten and tortured after he and dozens of his supporters were arrested while attending a rally in 2007. Images of Tsvangirai emerging from a court with a battered head outraged the world and galvanised a then faltering opposition.

Officials in Zimbabwe told the Mail and Guardian the ruling would be largely symbolic. South Africa is leading delicate regional efforts to mediate reform in Zimbabwe and any investigation of Zimbabwean officials would most certainly end the process.

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