Minister of Justice and Constitutional Development and Others v The Southern Africa Litigation Centre (27740/2015) [2015] ZAGPPHC 675 (16 September 2015)
Court
North Gauteng High Court, Pretoria
Case number
27740/2015
Judges
D Mlambo, A.P. Ledwaba, H. J. Fabricius
The High Court dismissed leave to appeal as moot, holding the dispute no longer had practical effect after President Bashir left South Africa.
National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (485/2012) [2013] ZASCA 168; 2014 (2) SA 42 (SCA); [2014] 1 All SA 435 (SCA) (27 November 2013)
Court
Supreme Court of Appeal
Case number
485/2012
Judges
Navsa, Brand, Ponnan, Tshiqi, Theron
The Supreme Court of Appeal held that the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 empowers South African authorities to investigate crimes against humanity committed outside South Africa, irrespective of the alleged perpetrators' presence in the country. The SAPS and NPA misconstrued their powers and obligations under the ICC Act and related legislation. The Act criminalises such conduct at the time of its commission, and the SAPS, through its Directorate for Priority Crime Investigation (the Hawks), has the competence to initiate investigations i…
