A South Africa-based non-profit organisation led by a Zimbabwean citizen has launched a legal challenge in a Pretoria court seeking to hold both the Zimbabwean and South African governments accountable for alleged constitutional violations, human rights abuses and the migration crisis affecting the region.
The main applicant, the African Diaspora Global Network, an organisation that advocates for the rights of migrants, is chaired by Dr Vusumuzi Sibanda, a Zimbabwean citizen and permanent resident of South Africa.
Dr Sibanda filed a Notice of Motion and Founding Affidavit at the Gauteng Division of the High Court in Pretoria.
The application names nine respondents and the first six are the Government of Zimbabwe, President Emmerson Mnangagwa, the Speaker of Parliament of Zimbabwe, the President of the Senate of Zimbabwe, the Chief Justice of Zimbabwe and the Embassy of Zimbabwe in South Africa.
The seventh to ninth respondents are the Government of South Africa, President Cyril Ramaphosa and the Speaker of the South African Parliament.
In the application, described as sui generis (unique in nature), the applicants argue the matter should be heard in South Africa “in the interests of justice,” contending the country has become home to hundreds of thousands of Zimbabweans allegedly fleeing governance failures and rights abuses in their home country.
The affidavit states Zimbabwe’s sovereignty “cannot be seen to be jeopardised” because “such sovereignty has become shared through the actions of Zimbabwe, which has shared its problems with South Africa without a formal invitation.”
Central to the application is a challenge to Zimbabwe’s proposed Constitutional Amendment Bill No. 3, which the applicants argue constitutes “a subversion of the will of the people” and violates Sections 328(7), (8) and (9) of Zimbabwe’s Constitution.
The applicants want the South African court to declare that the South African government has become “complicit” by allegedly failing to hold Zimbabwe accountable for what they describe as “undemocratic” actions aimed at undermining constitutional order and weakening the separation of powers.
They are also seeking an order compelling South African authorities to account for their alleged “failure to act” on human rights violations, including pursuing international legal avenues through the International Court of Justice (ICJ) and the International Criminal Court (ICC).
In his founding affidavit, Dr Sibanda, who identifies himself as a Zimbabwean citizen and permanent resident in South Africa, strongly criticises Zimbabwe’s ruling Zanu PF party and President Mnangagwa.
He alleges the 2017 transition of power following the removal of former President Robert Mugabe amounted to “a coup d’etat which was sanitised by most African states and the west as it was viewed as a better devil of the two.”
The affidavit further argues Zimbabwe’s Constitutional Amendment No. 2 Act and the proposed Amendment No. 3 Bill have systematically weakened checks and balances, subordinated the Judiciary to the Executive and undermined the 2013 Constitution adopted through a national referendum.
The application also draws parallels between Zimbabwe’s historical treatment of the Ndebele people and South Africa’s 2023 case against Israel at the ICJ over Gaza.
The affidavit alleges “genocidal acts have been committed in Zimbabwe since 1980” and specifically references President Mnangagwa’s tenure as Minister of State Security during the Gukurahundi period between 1982 and 1987.
It further calls on the South African government to take action against Zimbabwe over alleged human rights violations linked to Gukurahundi.
The application also cites alleged errors in Ndebele translations such as on the Zimbabwean passports as evidence of the erosion of Ndebele language and culture.
The seventh to ninth respondents, the Government of South Africa, President Ramaphosa and the Speaker of Parliament, are accused of relying on “quiet diplomacy” and failing to publicly challenge Zimbabwe’s governance practices.
The affidavit argues South Africa cannot invoke sovereignty as a shield against the case because Zimbabwe itself previously benefited from South African courts, citing litigation brought in South Africa by the Zimbabwe Anti-Sanctions Movement against United States sanctions.
“Zimbabwe even showed interest and posted the matter through its ZBC, a state-owned broadcaster… therefore what is good for the gander must be good for the goose,” the affidavit reads.
A key argument advanced by the applicants is that Zimbabwe’s governance failures have directly contributed to large-scale migration into South Africa, placing pressure on public services.
It further alleges undocumented migration has contributed to criminal activity, claiming that “the bulk of the unsolved crimes are attributable to the class of people who are not documented.”
The application also cites President Mnangagwa’s temporary stay in South Africa during the 2017 military intervention as evidence that “South Africa is a playing ground for all Zimbabwean problems.”
Dr Sibanda is asking the court to apply South Africa’s constitutional philosophy of ubuntu, which he says “emphasises human dignity and human rights and freedoms, not only of South Africans,” in determining the matter.
The affidavit argues migration should not be treated solely as a border control issue, but as a consequence of governance failures in migrants’ countries of origin that host states have a responsibility to address.
With approximately 178 000 Zimbabweans holding Zimbabwe Exemption Permits (ZEPs) in South Africa and many more undocumented migrants believed to be living there, the applicants argued:
“To refuse to decide such cases would be to leave the people of Zimbabwe without any protection whatsoever but perennial victims of government.”
“The sovereignty principle must be unveiled where it is used to masquerade and hide hideous corruption and murder cases and abuse of human rights.”
According to the Notice of Motion, a hearing date will be determined by the Clerk of the Court “in the interests of justice and human rights observance.”
The application was electronically filed on May 21, 2026, in the Gauteng Division of the High Court in Pretoria.
Court papers are expected to be served on the Zimbabwean Embassy in Pretoria, representing the first to sixth respondents, and the South African State Attorney, representing the seventh to ninth respondents.
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