'Cosas Four' murder trial for apartheid crimes postponed to next year

The trial of two men accused of killing three Congress of South African Students (Cosas) members and seriously injuring another in 1982 has been postponed to next year.

Cosas members Eustice “Bimbo” Madikela, Peter “Ntshingo” Matabane and Fanyana Nhlapo died in a bomb explosion and Zandisile Musi was severely injured. They became known as the “Cosas Four”. They were allegedly lured to their death after asking an ANC-trained guerrilla to help them leave the country for military training.

The youths went to an abandoned mine pump house near Krugersdorp, where a bomb exploded. It was later said they had “blown themselves up” while receiving illegal military training.

The families of the victims, supported by the Foundation for Human Rights and Webber Wentzel attorneys, have been attempting since 2019 to bring to trial the former security branch policemen allegedly responsible for the kidnapping, murder and attempted murder.  

Two men, then-W/O Christiaan Rorich and alleged askari Tlhomedi Mfalapitsa, appeared in the Johannesburg high court on Monday on charges of kidnapping, murder and crimes against humanity.

It is the first time charges under international law will be brought against individuals in a South African court.

Russell Baloyi, speaking on behalf of the families, said they are looking for a precedent and “hard-hitting judgment”.

“There have been up to eight postponements. There was high expectations today [Monday]. It’s unfortunate the court is dragging its feet on this. When the matter was last postponed, we felt it was too far and unjust. Today came and this is where we are.

“This is not a typical case. It’s about restorative justice. We have families that were disorganised for years. It’s a concern for us that some are dying.

“You must appreciate these were not common criminals, they were employed by the state working for the police, and the matter being delayed has always been [due to] the SAPS refusing to cover fees,” said Baloyi.

An application by human rights organisation Southern African Litigation Centre to be friends of the court is expected to be filed and will be heard on October 23, and the matter will formally go to trial on January 22. 

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