PRESS RELEASE
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
15 April 2025
COSAS 4 Trial: Court Dismisses Objections to Crimes Against Humanity Charges
Press Statement by the Foundation for Human Rights and the Legal Resources Centre
The Foundation for Human Rights (FHR) and the Legal Resources Centre (LRC) welcome the historic judgment handed down by Judge Dosio in the Johannesburg High Court on 14 April 2025, which dismissed the accused’s objection to the charges of crimes against humanity in the COSAS 4 matter. This decision affirms the state’s obligation to investigate and prosecute international crimes committed in South Africa before and after 1994 and marks a critical milestone in the pursuit of accountability for apartheid-era atrocities.
Eustice ‘Bimbo’ Madikela, Ntshingo Mataboge, Fanyana Nhlapo and Zandisile Musi were members of the Congress of South African Students (COSAS) who were lured by the Security Branch to a pumphouse near Krugersdorp on 15 February 1982. The police had rigged the pumphouse with explosives, which they detonated once the four were inside. All were killed except for Musi, who was seriously injured and has since died.
The accused—Christiaan Siebert Rorich, a former Security Branch explosives expert, and Tlhomedi Ephraim Mfalapitsa, a former Vlakplaas askari face the common law charge of kidnapping as well as charges of murder as a crime against humanity (alternatively the common law charge of murder), and apartheid as a crime against humanity.
The accused objected to the crimes against humanity charges on the basis that these crimes had prescribed under section 18(1) of the Criminal Procedure Act, which provides for a statute of limitations.
Judge Dosio’s ruling affirms that:
- Customary international law forms part of South African law. It is directly applicable and does not require separate legislative enactment to be enforced domestically.
- The state has an obligation to investigate and prosecute international crimes committed in the South, both before and after 1994. In addition to the relevant treaties ratified by South Africa, section 232 of the Constitution provides an independent legal basis for the State to fulfil these obligations.
- Apartheid as a crime against humanity is prohibited under customary international law and can be prosecuted as such in South African courts.
- Charges of crimes against humanity brought under section 232 of the Constitution do not violate the principles of legality and non-retroactivity, as the specific crimes in question—namely kidnapping, murder, and apartheid—had already formed part of customary international law by the time the COSAS 4 were murdered in 1982.
- The non-prescription of crimes against humanity and war crimes constitutes a peremptory norm under international law and applies to serious international crimes committed in South Africa before and after 1994.
This ruling confirms the state’s authority to proceed with the crimes against humanity charges. This is a moment of profound legal and historical significance. It is the first time in South Africa that a domestic criminal court will hear a criminal case involving crimes against humanity. It is also the first time that apartheid as a crime against humanity will be prosecuted anywhere in the world.
The judgment sends a powerful message that no one is above the law and that justice can prevail—even decades later.
In yet another attempt to delay the commencement of the trial, Rorich’s defense filed an application seeking the recusal of the presiding judge. The judge questioned the late filing of the application by the defense but permitted the process to proceed. The parties have until Tuesday afternoon to submit all relevant documents, and the application is scheduled to be heard on Wednesday, 16 April 2025.
The FHR and the LRC continue to stand with the families of the COSAS 4 and all those who have fought tirelessly for truth, justice, and accountability. This judgment is a testament to their persistence and a step forward in the long journey toward redress and historical justice.
Media Contacts:
Foundation for Human Rights: Mosa Leteane /mleteane@fhr.org.za
Legal Resources Centre: Moray Hathorn /moray@lrc.org.za
The full written judgment is available here.
The full video of the judgment is available here.
Background on the COSAS 4 case available here.
