The Helen Suzman Foundation (HSF) and the United Democratic Movement (UDM) have welcomed the Gauteng High Court ruling which dismissed former apartheid security officers’ bid to secure the recusal of the presiding Judge in the Congress of South African Students (COSAS) 4 trial.
On Wednesday, Judge Dario Dosio of the Gauteng High Court indicated that he will not be recusing himself from the historic trial which seeks justice for the murder of three teenagers in Krugersdorp and the attempted murder of one of them in 1982 when explosives by the apartheid security branch exploded in a pump house of a deserted property.
Over the years, the long-awaited and historic trial has been referred to as the COSAS 4 trial, signaling the involvement of young people in the struggle for freedom.
“The court does not believe the knowledge of the denial of amnesty viewed collectively, could prevent this court from conducting its business impartially and fairly. Neither does this court believe that knowledge of amnesty denied could deprive accused one and two of their rights to be presumed innocent until proven guilty. In terms of Section 35 of the Constitution until they have been proven guilty beyond reasonable doubt. The accused contention that it would not be possible for this court to objectively evaluate evidence presented during this trial, is tantamount to suggesting that judges live in isolation away from the world and not aware of what is going on in the world, which is in correct,” Dosio stated.
Standing trial in this matter, Christiaan Siebert Rorich, a former Security Branch explosives expert, and Tlhomedi Ephraim Mfalapitsa, a former Askari who are implicated in the murders failed show a reasonable apprehension of bias on the part of the Presiding Officer who are accused of the murders of Eustice Bimbo Madikela, Fanyana Nhlapho and Peter Ntshingo Matabane and the injury of Zandisile Musi in 1982.
The resumption of the trial, which kicked off last week, comes after Judge Dosio ruled that there is no expiry date on crimes against humanity even though those crimes happened more than 42 years ago.
This ruling was also welcomed by the United Democratic Movement (UDM) through its leader, Nqabayomzi Kwankwa who indicated this was a step in the right direction.
“This is a big step forward for justice in South Africa. Without justice and accountability, the trauma experienced by victims, families, and communities remains unresolved, continuing to cast a long shadow over our democracy,” said Kwankwa.
The Helen Suzman Foundation (HSF) also welcomed the ruling saying the landmark judgment of the Johannesburg High Court in the COSAS 4 matter, which permits the prosecution to proceed on charges of crimes against humanity, including the crime of apartheid is a step in the right direction.
“The Court dismissed objections raised by the accused, affirming that international crimes can be prosecuted under South African law. Apartheid is recognised in international law as a crime against humanity, including through instruments such as the United Nations Apartheid Convention and the Rome Statute.
“Crimes against humanity refer to serious violations committed as part of a widespread or systematic attack against civilians. The judgment reflects a commitment to accountability for the harms of the past and upholds the principle that such crimes are not subject to prescription,” the foundation said on Wednesday.
