Here it is relevant to point out that the Southern African Litigation Centre has submitted a dossier to the National Prosecuting Authority in South Africa in respect of the torture that took place in 2007. This dossier alleges crimes against humanity, and reportedly seeks to indict senior government officials and members of the security services, as well as a number of senior policemen. As was stated in a press release: The consistency in detail as to the types of abuse inflicted during this episode of repeated instances of torture, and when compared to other episodes of repeated torture, as well as the recurring involvement of several named perpetrators speaks to the systematic use of torture on the part of police and supports a conclusion that crimes against humanity have been and continue to be perpetrated in Zimbabwe. However, whilst the current onslaught against MDC supporters and those suspected of supporting the MDC is nothing new, it does currently occur against the background of an election that most people and countries believe that ZANU PF has lost. There is credible evidence to demonstrate that not only has the MDC gained a majority in the House of Assembly, but has also won the Presidential poll with an absolute majority.5 The current attempt to recount the results of the election, whilst scarcely credible, also raises the matter of the government and ZEC operating outside the law, and none of the court judgements to date lessen this fact.6 So the suggestion that crimes against humanity – the widespread, systematic and planned use of torture – are being perpetrated by a regime that may well no longer have a legitimate basis for continuing in government (and may well be avoiding handing over government) is a situation that deserves a more determined response from SADC and the AU than has been the case to date. This is endorsed by the recent statement from the Churches in Zimbabwe, alleging the post-poll violence is of genocidal proportions. 7. Conclusion ZANU PF has refused to accept its electoral defeat and is now doing everything it feels necessary to cling to power. It has effectively declared war on the opposition and its supporters. Any re-run of the Presidential Election is not only likely to be a bloody affair, but the huge expenditure by ZANU PF in ensuring that it wins this election will be the final nail in 5 6 See Idasa(2008), ZIMBABWE ELECTIONS 2008. Examining The Popular and Presidential Choice - Hiding or Run Off? SITO [IDASA]: PRETORIA. See Idasa (2008), The Inconvenient Truth. A complete guide to the delay in releasing the results of Zimbabwe’s presidential poll. Prepared by Derek Matyszak of the Research and Advocacy Unit, Zimbabwe. SITO[IDASA]: PRETORIA. 11

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