The High Court Reaffirms Rule of Law on Crimes Against Humanity

14 APRIL 2025

The High Court Reaffirms Rule of Law on Crimes Against Humanity

The Director of Public Prosecutions in the Gauteng Division, Johannesburg, Advocate Andrew Chauke has welcomed the decision of the High Court of South Africa, Gauteng Division, Johannesburg that reaffirmed the rule of law by dismissing the objections to the charges of crimes against humanity of murder and crimes against humanity of apartheid raised by Ephraim Mfalapitsa and Christiaan Rorich in the case emanating from the Truth and Reconciliation Commission (TRC), relating to the deaths of members of the “Cosas 4”.

These proceedings entail the criminal prosecution of the accused arising from the deaths of Eustice Madikela, Peter Matabane (Ntshingo Mataboge) and Fanyana Nhlapo, the COSAS 4, which occurred on 15 February 1982, wherein they were allegedly lured to an explosive infested mine in Krugersdorp by Mfalapitsa, under the guise that they were going to receive military training. Once at that location, the explosives were allegedly detonated, killing three of them, whilst Zandile Musi escaped with serious injuries. The State has indicted the two accused persons for, among others, crimes against humanity of murder and crimes against humanity of apartheid, read with section 232 of the Constitution of the Republic of South Africa, Act 108 of 1996.

The two accused had raised an objection contending that the crimes against humanity charges in the indictment have lapsed in terms of the statute of limitations, claiming that they cannot be pursued in this matter because the alleged offences occurred more than 20 years ago. Senior State Advocate Ngobeni submitted that s232 of the Constitution provides an independent legal basis for the state to fulfil its obligations under the Constitution and under international law to prosecute international crimes (including those committed before 1994). It further argued that crimes against humanity are part and parcel of South African law and are not subject to any statute of limitation. The crimes which the accused are charged with are imprescriptible. Therefore, there is no period within which charges must be brought. “A delay in prosecution is not a defence in law against these crimes, nor does it waiver the state’s right to prosecute. Not only does the State have the authority to bring these charges and proceed with the prosecution, the State in accordance with the values underpinning our Constitution and our international obligations, has a duty to bring to justice those who allegedly committed crimes against humanity”, he added. Regarding the accused’s submissions about their rights to a fair trial, the state responded that these rights are not confined to the position of the accused only, but extends to society as a whole, in particular, the affected families who have been longing to see justice prevail against alleged perpetrators of atrocities under the apartheid regime.

The NPA, in collaboration with the Directorate for Priority Crime Investigation (DPCI) remains committed in its mission to deliver justice to the victims of apartheid era crimes and has, in the past three years focused on re-opening and pursuing priority cases by enhancing its internal capacity and processes to drive progress in cases emanating from the TRC. The court’s judgement further bolsters our plight at delivering justice.

Issued by:

Phindi Mjonondwane

NPA Regional Spokesperson

Gauteng Division, Johannesburg

083 402 4787 / 011 220 4245

hmjonondwane@npa.gov.za