THE Joburg High Court has postponed the case against apartheid-era cop Christian Rorich (74) and his co-accused former askari, Ephraim Mfalapitsa (67).
The case was postponed to 22 January 2024. The postponement came after the Southern Africa Litigation Centre (SALC) filed an application to be submitted into the proceedings as friends of the court.
The court set a date of 23 September 2023 to hear SALC's application and the response from both the state and the defense before giving its ruling on whether or not SALC should be admitted as friends of the court.
Mfalapitsa and Rorich appeared in the same court on Monday, 21 August. They are facing five counts ranging from kidnapping, offences that fall under the crimes against humanity such as three counts of murder and apartheid.
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The charges relate to the kidnapping of Eustice Madikela, Peter Matabane, Fanyana Nhlapo and Zandile Musi who were known as the Cosas 4. The victims were members of the student formation Cosas in 1982.
The four students were kidnapped 41 years ago after allegedly being lured by Mfalapitsa to an explosive-infested mine in Krugersdor under the pretext of receiving military training.
Once at the location, they were allegedly bombed.
Musi escaped with serious injuries. Mfalapitsa was in a close relationship with Musi’s elder brothers, who served in Umkhonto we Sizwe, a military wing of the ANC in exile.
Musi had intentions of leaving Mzansi to join the ANC with his comrades. He discussed his desires with Mfalapitsa, who reported the conversations with Musi to his commander, Jan Carel Coetzee.
The plan was allegedly hatched to kill Musi and his comrades, and their deaths covered up as a military training that went wrong.
National Prosecuting Authority (NPA) Gauteng Local Division spokeswoman, Phindi Mjonondwane, said the NPA is committed in delivering justice to the families and ready to proceed with trial.
"We will continue doing our best to ensure that this matter is brought to finality, with the aim of bringing the affected families closer to realising justice," she said.