The Constitutional Court yesterday ordered the SAPS to investigate alleged acts of torture committed in Zimbabwe by and against Zimbabwean nationals.
In 2008, the Zimbabwe Exiles Forum and the Southern African Human Rights Litigation Centre gave a dossier to South African authorities documenting alleged torture by Zimbabwean police during a raid of the headquarters of the opposition Movement for Democratic Change in 2007.
The dossier implicated six Zimbabwean cabinet members and directors-general, and the Zanu-PF. The SAPS refused to investigate the charges and the forum approached the Pretoria High Court .
The High Court and, following an appeal by the SAPS, the Supreme Court of Appeal, ruled the investigation should take place.
The Supreme Court of Appeal held that under the Implementation of the Rome Statute of the International Criminal Court Act, the SAPS Act and the constitution, the police service was obligated to investigate.
In a unanimous judgment written by Acting Judge Steven Majiedt, the Constitutional Court ruled: "The Supreme Court of Appeal was correct to rule that on the facts of this case the torture allegations must be investigated by the SAPS. Our country's international and domestic law commitments must be honoured."
He said South Africa could not be seen as being tolerant of torture.
Majiedt said South Africa would only be exempt if the country where the offences occurred was willing to investigate - if it was not practical for South Africa to investigate.
He said in this case, it was very unlikely the Zimbabwean police would pursue the charges with the necessary zeal in view of the high-profile officials involved.
He said: "If Zimbabwe were able and willing to investigate the alleged crimes of torture, there would be no place for South Africa also to do so."
Lawyers for Human Rights, which represented the forum and the centre, welcomed the judgment.
It said it hoped to see justice for the victims of these crimes.