The Supreme Court of Appeal this week ruled that the South African police must, under international law, investigate allegations of torture in Zimbabwe in 2007. The case was brought by the Zimbabwe Exiles' Forum, assisted by the South African Litigation Centre. They say the Zimbabwean activists endured torture, including electric shocks, waterboarding and beatings, at the hands of Zimbabwean authorities. These activists are now in exile in South Africa, though some of their alleged tormentors are free to come and go between Zimbabwe and this country – mostly for shopping purposes.
The appeal court did the right thing. This is a commendable ruling and the case may set a precedent. It will probably strain relations with our touchy neighbour, and it will take South Africa into new realms in international law and the protection of human rights. But that should not deter us.
It raises sovereignty issues (a red flag for African leaders), but it also promotes a culture of accountability, something many political initiatives, including Thabo Mbeki's New Partnership for Africa's Development, have called for.
Accountability is the opposite of the "culture of impunity" that is one of Africa's major problems, whether in the form of corrupt governments or in relation to human rights abuses and mass violence. Democracy is supposed to provide accountability, making the ruling elite answerable to the people, but it obviously has not in Zimbabwe or in countries such as Kenya, where a divided response to atrocities led to the involvement of the International Criminal Court. Yet Kenya has signed international agreements on human rights – as have South Africa and Zimbabwe. Should they not honour them?
Political violence has quietened down in Zimbabwe since the bad days of 2007 and 2008, but it should not be forgotten that abuses were committed.