The Helen Suzman Foundation (HSF) has welcomed the landmark judgment in the COSAS 4 matter, saying it reflects a commitment to accountability for the harms of the past and upholds the principle that such crimes are not subject to prescription.

This case involves the deaths of Eustice “Bimbo” Madikela, Peter “Ntshingo” Matabane, Fanyana Nhlapo, and the severe injury of Zandisile Musi on February 15, 1982, at the hands of the Security Branch of the South African Police.

The judgment was delivered last week, in the Johannesburg High Court, and permitted the prosecution to proceed on charges of crimes against humanity, including the crime of Apartheid.

The Foundation pointed out that 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,” it explained.

It noted that the judgment is the contribution to the development of South African jurisprudence in alignment with international law and its recognition of the importance of justice for gross human rights violations committed under Apartheid.

The Court dismissed objections raised by the accused, affirming that international crimes can be prosecuted under South African law.