Appoint the elephant in the room, the crime of apartheid, the mail and the tutor

The ruling in the matter 4, a case about the death of young anti-Apartheid activists in 1982 is historical.

Within the years, Monday, April 14, 2025, will be recited as an important step in prosecuting the crimes of the Apartheid era. For the first time, a court in South Africa confirmed the charges of crimes against humanity of murder and crimes against the humanity of apartheid.

It is a characterization that many South Africans understood as a fact but required a legal evaluation that involved the dedication by civil society, the families of the victims, the tax authority and the Judiciary.

This decision in the matter 4, a case about the death of young Anti-Apartheid activists in 1982 is historical. There were no fireworks, or roaring crowds, only a quiet court room listening to the stable and unstoppable judge to read his decision confirming the charges of crimes against humanity.

A legal victory decades in manufacturing

The confirmation of the position of crime against humanity of apartheid did not come from The Hague, not from the International Criminal Court or the International Court of Justice. He came from the 4D Court in the Superior Court of Johannesburg. They came from families who refused to resign, lawyers and defenders of human rights that continued to dig, the prosecutors who step forward and a judge with the courage to apply the law. With this decision, judge Dario Two dismissed the objection to international law positions based on customary international law, which means crimes against humanity of murder and crimes against humanity of apartheid.

Until now, there has been a terrible disconnection between the characterization by the Truth and Reconciliation Commission (TRC) of Apartheid as a crime against humanity and legal evaluation in court. The legal characterization of the Apartheid era as a crime against humanity can be retreated to the presentations initially made by the South Africa Litigation Center (Salc) in the matter of Rodrigues regarding the death of the anti-Aparte activist, Ahmed Timol, a few years ago.

The salc carried out a legal evaluation on which the alleged murder, in that matter, qualified as a crime against humanity, namely, the crime against humanity of murder, persecution and apartheid.

Until the Judgment of Dosio, no court had formally confirmed charges of crimes against humanity for the crimes of the Apartheid era. While one thing is to have academics and treated that define the crime of apartheid as a crime against humanity, it is another that a South African judge confirms the position of crime against humanity of apartheid and says that these crimes based on international law are not prescribed. This case closes the gap that avoided responsibility in these cases for too long.

Delayed justice

The main argument of the objection in the matter of things 4 was that the defendants were only accused almost 40 years after the alleged crime in 2021 and that the right of the Fiscal Authority of the Prosecutor’s Office (NPA) fell after 20 years under section 18 of the Criminal Procedure Law. But Dosio clarified in his opinion that such an interpretation would violate domestic law and would not adhere to applicable international law.

The Court confirmed that the Prosecutor’s Office against Humanity does not have an expiration date. These are some of the most serious crimes of humanity. The crimes of the Apartheid era show that the progress of justice could be slow, but that does not mean that they are less urgent.

Undoubtedly, cases such as the matter 4 could have been collected years ago, and for too long, the cases of the Apartheid era have been ignored. But, in that context, one must recognize the efforts of the fiscal team that now works on these matters and their commitment to collect crimes that reflect criminal energy, suffering and the context of alleged behavior.

A moment of accounts

This decision is not just a technicalism. It is a seismic moment for all victims, survivors and families who suffered the behavior of an oppressive regime. Unwavering dedication and tireless defense, especially for the families of the victims, such as those of matter 4, shows that pain, trauma and damage cannot be packaged with a TRC report and leave behind. Decisions such as two are exactly what the TRC had in mind when it presented more than 300 cases to the NPA for greater investigation.

The tremors caused by the 4D court ruling will affect many other cases that have been presented, and others that have not yet been presented. Old questions can resurface. If you can collect crimes against the humanity of apartheid for alleged conduct in 1982, to what can people be responsible? If people are responsible for the crime against the humanity of apartheid, what about the banks, arms traffickers and multinational corporations that benefited and supported the apartheid regime? Can corporations that financed or support the oppressive regime of apartheid also responsible now? These are all the potential questions that future cases could address.

From the 4D room to the world

This decision is not symbolic. Recognize the pain and suffering of the victims and their families: that you beat them, murders, stolen childhood and fatherhood are not only a forgotten part of history, but an injustice for which responsibility can be sought.

This trial is not only relevant to South Africa and South Africa. Send a crucial message to the world: that criminal conduct cannot be considered in isolation, and that it is essential to provide a legal characterization that meets the criminal nature and the context of behavior.

We live in a world that is in times of rising xenophobia, discrimination, racism, oppression and hate. We have witnessed the emergence of racial injustice and authoritarian practices, from illegal arrest and deportation of color people to apartheid policies implemented by Israel. For all these trends, the 4D Court trial sends the message that such oppression systems are not only illegal, but that the perpetrators of systematic crimes such as the crime of apartheid will be responsible. Maybe not today or tomorrow, but your time will come at the dock. The trial and the following trial will add legal muscle to the global movement against the oppression of one group over another.

International criminal justice is going through difficult times. Powerful people still avoid responsibility as we have seen during the visit of the Prime Minister of Israel, Benjamin Netanyahu, in Hungary. But cases like these constitute a crack on the wall of impunity. That wall will eventually fall. Until then, the fight against impunity requires courage and dedication of the families of the victims and civil society to promote responsibility. The matter 4 is an example of what can be achieved if the law, including international law, applies without fear or favor.

Dr. Atilla Kisla is the leader of International Justice in the South Africa Litigation Center.