The long-awaited COSAS-4 trial involving two former apartheid security officials was postponed again in the Johannesburg High Court on Tuesday.
Christian Rolić and Tromedi Mphalapitsa are charged with crimes against humanity and murder. The charges relate to the 1982 murders of Eustis “Bimbo” Madikela, Peter “Nsingo” Matabane and Fanyana Nhlapo and the attempted murder of Zandisile Musi.
Three students were killed in an explosion in a pumping room at the Krugersdorp mine west of Johannesburg. One person survived the attack.
SABC News spoke to accused number one, Ephraim Muphalapitsa, ahead of the proceedings. “I told the white people that I wanted nothing to do with the war, that I wanted to avoid participating in acts of violence because I knew what war was. They took me to Vrakplaas and forced me in a way. And then this information came out and they forced me. I said this is how we decided it had to happen to these four people, and I objected, and they said, no, it's finalized. And that time in Vlakplaas. It was a matter of life or death.”
The four anti-apartheid activists were members of the Congress of South African Students (COSAS) and were known collectively as “COSAS 4''.
On February 15, 1982, four members of the South African Students' Congress were lured into a warehouse in Westland. Three of them died and one was seriously injured.
Matabane was killed when her son, Tshepo Mokgatle, was just one month old. The protracted legal battle has resulted in frustration and re-traumatization for the families of COSAS-4.
Victim Tshepo Mokgatlu's son said: “I am so devastated today and it is so tiring to keep coming back to court for the same matter to be postponed. Today marks 40 years and three months. But if the family can reconcile, then the matter will finally be resolved and everything will be fine, because they will come to court and postpone the matter, and then they will be fine. We had forgotten about this incident, but they brought it back and it brought back all these memories for the family.”
The National Prosecuting Authority (NPA) said it was concerned about delays in the trial. Today's adjournment was to give the defense time to file supplementary affidavits with the court in preparation for trial.
“It is unfortunate that the defendant is delaying this matter,” NPA spokesperson Phindi Mjonondwane said. They are trying to delay these proceedings by doing every antics they can think of. We are saying this as a police force because the police force has been waiting since January, knowing this week that the matter would be before the courts, and only last week receiving documents to challenge the indictment. Because I have decided to notify the state that I am filing. Some of the charges say states cannot prosecute them under international law. ”
The case returns to the Johannesburg High Court on June 6. – Additional reporting by Sashin Naidoo