COSAS 4 Murders: Ephraim Mfalapitsa and Christiaan Rorich to Face Charges
Johannesburg – The High Court in Johannesburg has rejected the objections presented by Ephraim Mfalapitsa and Christiaan Rorich concerning the charges of crimes against humanity related to murder and apartheid.
Evidence brought forward during the Truth and Reconciliation Commission (TRC) relating to the deaths of the “Cosas 4” implicated Mfalapitsa and Rorich.
The defendants had contested the TRC-recommended charges, but the high court dismissed their objections.
On Monday (14 April 2025), Advocate Andrew Chauke, the Director of Public Prosecutions in the Gauteng Division of Johannesburg, expressed satisfaction with the high court’s decision to dismiss the objections raised by Mfalapitsa and Rorich.
This case involves the prosecution of Mfalapitsa and Rorich linked to the deaths of the “COSAS 4,” which included Eustice Madikela, Peter Matabane (also known as Ntshingo Mataboge), and Fanyana Nhlapo.
According to the TRC, on 15 February 1982, the COSAS 4 were allegedly led to a mine in Krugersdorp, known to contain explosives, by Mfalapitsa, who misrepresented the situation as an opportunity for military training aimed at fighting the apartheid regime.
Once at the site, the explosives were reportedly detonated, resulting in the deaths of three individuals, while Zandile Musi managed to escape but sustained serious injuries.
The State has charged the two individuals with various counts, including crimes against humanity related to murder and apartheid, in accordance with section 232 of the Constitution of the Republic of South Africa, Act 108 of 1996.
Mfalapitsa and Rorich argued that the charges regarding crimes against humanity had elapsed under the statute of limitations, asserting that the alleged offenses occurred over 20 years ago.
Senior State Advocate Ngobeni argued that section 232 of the Constitution offers a separate legal framework for the State to meet its constitutional and international legal obligations to prosecute international crimes, including those committed prior to 1994.
It was further contended that crimes against humanity are an integral aspect of South African law and are not subject to statutory limitations.
The charges against the defendants are thus imprescriptible, meaning there is no time limit for when these charges can be filed.
“A delay in prosecution does not serve as a legal defense against these crimes, nor does it diminish the state’s right to initiate prosecution,” Advocate Ngobeni asserted.
“The State not only possesses the authority to bring these charges but is also duty-bound, aligned with the principles of our Constitution and our international obligations, to seek justice against those alleged to have committed crimes against humanity.”
In response to the defendants’ claims regarding their right to a fair trial, the State asserted that these rights pertain not just to the accused but extend to society as a whole, particularly to the families affected, who have been striving for justice against those responsible for atrocities during the apartheid era.
“The National Prosecuting Authority (NPA), in partnership with the Directorate for Priority Crime Investigation (DPCI), remains dedicated to ensuring justice for the victims of crimes from the apartheid era,” stated spokesperson Phindi Mjonondwane.
Over the past three years, the NPA has been focusing on reopening and pursuing crucial cases by enhancing its internal capabilities and processes to advance cases arising from the TRC.
“The court’s judgment further strengthens our resolve to deliver justice,” Mjonondwane concluded.