Johannesburg – The High Court in Johannesburg has dismissed the objections to the charges of crimes against humanity of murder and crimes against humanity of apartheid raised by Ephraim Mfalapitsa and Christiaan Rorich.
Evidence led during the Truth and Reconciliation Commission (TRC), relating to the deaths of the “Cosas 4” incriminated Mfalapitsa and Rorich.
The accused pair had raised objections to the TRC-recommended charges, which the high court dismissed.
On Monday, (14 April 2025), the Director of Public Prosecutions in the Gauteng Division, Johannesburg, Advocate Andrew Chauke welcomed the high court’s dismissal of objections to the charges raised by Mfalapitsa and Rorich.
The matter entails the criminal prosecution of the accused – Mfalapitsa and Rorich – arising from the deaths of the “COSAS 4” comprising Eustice Madikela, Peter Matabane (Ntshingo Mataboge) and Fanyana Nhlapo.
The TRC heard that on 15 February 1982 the COSAS 4 were allegedly lured to an explosive-infested mine in Krugersdorp by Mfalapitsa, under the guise that they were going to receive military training to fight the apartheid regime.
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 – Mfalapitsa and Rorich – had raised an objection contending that the crimes against humanity charges in the indictment had lapsed in terms of the statute of limitations.
They claimed that they could not 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,” argued Advocate Ngobeni.
“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.”
Regarding the accused’s submissions about their rights to a fair trial, the state responded that these rights were not confined to the position of the accused only, but extend 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 [National Prosecuting Authority], 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,” said spokesperson Phindi Mjonondwane.
In the past three years, the NPA said it 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 judgment further bolsters our plight at delivering justice,” said Mjonondwane.
