The National Prosecuting Authority (NPA) is planning on bringing an application that could force the start of the COSAS (Congress of South African Students) Four trial if the case is delayed any further when it next comes before the court.
The case dates back to February 1982, when supporters of the student body – Eustice Madikela, Ntshingo Mataboge and Fanyana Nhlapo were killed and their comrade, Zandisile Musi, injured in an explosion set up by apartheid police in Krugersdorp.
In 2021, two former police officers Christiaan Rorich and Thlomedi Mfalapitsa were finally charged.
Their trial was meant to get underway in the High Court in Johannesburg on Tuesday but the matter has now been postponed, once again, to next month for the defence to bring an application challenging the charges against the accused.
“It is disappointing that the accused before court are delaying this matter. They are bringing every tactic you can think of to delay these proceedings. And we are saying that as the NPA because they waited from January and only last week, when they knew the matter is in court this week, they decided to notify the State that they’ll be filing documents to object to the charge sheet,” said NPA spokesperson Phindi Mjonondwane.
Mjonondwane says they believe these constitute unreasonable delays and that they are unfair to the families of the COSAS Four.
“We are left with no option as the NPA that by the 6th of June during the case management date that’s been set by the judge, if they are not ready, then we’ll invoke Section 342a of the Criminal Procedure Act and make out submissions in court that, really, these delays are unreasonable.”
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