Mugabe

South Africa’s highest court on Thursday ruled that the country’s police have a duty to investigate Zimbabwean officials accused of torturing opposition supporters seven years ago.

The landmark judgement by the Constitutional Court rejected an appeal by the South African Police Service against a similar ruling by a lower court and is likely to strain ties with neighbouring Zimbabwe.

South African prosecutors and police had refused to investigate the allegations of state-sponsored torture in 2007 ahead of elections, citing political concerns.

Zimbabwe’s President Robert Mugabe strongly objected to the initial court order, describing it as a “direct assault” on Zimbabwe’s sovereignty.

The police appealed the order after Mugabe pleaded with the ruling African National Congress to block the probe.

The Southern Africa Litigation Centre (SALC) and the Zimbabwe Exiles Forum filed the original case seeking to force police to open an investigation, citing South Africa’s obligations to the International Criminal Court.

The two groups want South Africa to arrest and prosecute Zimbabwean officials accused of torture in 2007 if they enter the country for holidays, shopping or seeking medical treatment.

“The South African Police Service must investigate the complaint,” the Constitutional Court said.

The judges cited former President Nelson Mandela as saying that South Africa’s foreign relations “will be based on our belief that human rights should be the core concern of international relations.”

Lawyers say the victims were tortured in March 2007, a year before national elections in Zimbabwe, by Zimbabwean police acting on instructions from Mugabe’s ruling ZANU-PF party against members of the opposition Movement for Democratic Change.

Pretoria mediated after disputed polls in 2008 between Mugabe and his arch-rival Morgan Tsvangirai, leader of the MDC.