In a landmark judgment, the Johannesburg High Court has ruled that apartheid-era crimes can still be prosecuted in South Africa, affirming that apartheid is a crime against humanity and not subject to any statute of limitations.
The ruling comes in the case of Christiaan Siebert Rorich and Tlhomedi Ephraim Mfalapitsa, former apartheid Security Branch officers charged with the 1982 kidnapping and murder of four anti-apartheid student activists from the Congress of South African Students (COSAS), known as the “COSAS 4”: Eustice “Bimbo” Madikela, Peter “Ntshingo” Matabane, Fanyana Nhlapo, and Zandisile Musi.
Their trial began in democratic South Africa nearly 40 years after the alleged crimes, with formal charges only brought in 2021.
The accused argued that:
However, the National Prosecuting Authority (NPA) and the Legal Resources Centre, acting as a friend of the court, countered that crimes against humanity – including apartheid – have long been part of customary international law, which is automatically recognized under South Africa’s Constitution unless inconsistent with it.
Judge Dario Dosio agreed, ruling on 14 April that:
Importantly, Dosio found that there is no statutory time limit for prosecuting crimes against humanity. He cited international precedent – including rulings from Argentina, Germany, Canada, and the United States—as well as the Convention on Statutory Limitations, which emerged after World War II to prevent war criminals from escaping justice due to the passage of time.
On the issue of delays and political interference, the judge acknowledged the National Prosecuting Authority’s failure to act swiftly on cases referred by the Truth and Reconciliation Commission. However, he concluded that despite the delay, the severity of the crimes and their lasting impact warranted prosecution in the interest of justice.
The judgment clears the path for the potential prosecution of hundreds of apartheid-era crimes that remain unresolved, reigniting South Africa’s pursuit of accountability for past atrocities.
