South Africa Prepares for Historic Crimes Against Humanity Trial
In a landmark decision, a South African high court has paved the way for the country’s first-ever crimes against humanity case, reigniting hope for victims and their families. The case, known as the COSAS 4, involves the murder of three young anti-apartheid activists and the injury of another student 43 years ago.
The ruling is significant not only because it brings closure to the victims’ families, who have waited nearly half a century for justice, but also because it sets a precedent for prosecuting apartheid-era crimes as crimes against humanity. This is the first time a South African court will hear a criminal case involving crimes against humanity, and it will also be the first time that apartheid is prosecuted as a crime against humanity anywhere in the world.
The COSAS 4 case dates back to February 15, 1982, when four students belonging to the Congress of South African Students (COSAS) were allegedly lured to a mine in Krugersdorp, west of Johannesburg. The mine was rigged with explosives, and when they arrived, the detonation killed three and seriously injured one. Two of the five alleged perpetrators, Christiaan Siebert Rorich and Tlhomedi Ephraim Mfalapitsa, worked for the apartheid state at the time and were linked to the incident following revelations at the 1999 Truth and Reconciliation Commission (TRC).
The case has been embroiled in legal challenges, with the accused arguing that they should not be charged with crimes against humanity due to a statute of limitations and that the alleged incident occurred before South Africa was party to international conventions on crimes against humanity. However, the Johannesburg High Court disagreed, ruling that there is no statute of limitations for crimes against humanity and that apartheid and other crimes against humanity are part of customary international law.
The prosecution must now prove that the offences were carried out as part of a widespread and systematic attack against a civilian population, demonstrating that the kidnapping, murder, and injury of the COSAS 4 were not isolated incidents but part of the apartheid government’s policies and practices. To guard against the accused getting off scot-free, they have also been charged with common law crimes of kidnapping and murder, which carry a life imprisonment sentence.
This landmark decision sends a powerful message that justice can prevail, even decades later, and charts a clear way forward for other courts to deal with crimes against humanity. It also strengthens the cause of South African organisations advocating on behalf of families of victims of apartheid-era crimes. President Cyril Ramaphosa has announced the establishment of a Commission of Inquiry into allegations of political interference in efforts to prosecute these cases, following a lawsuit by survivors and victims’ families.
Ultimately, justice should be for victims and their families, for whom healing often requires truth-telling and accountability. The COSAS 4 judgement’s findings are a significant step towards achieving this goal, and with many other cases in the pipeline, it is clear that apartheid and apartheid-era crimes can still be prosecuted. As Ottilia Anna Maunganidze, Head of Special Projects at the Institute for Security Studies, notes, "The decision affirms that there shouldn’t be impunity for atrocities committed in South Africa before or after 1994, and marks a milestone in the pursuit of accountability and justice."
