S v Ephraim and Others (SS70/2021) [2025] ZAGPJHC 410 (14 April 2025)

S v Ephraim and Others (SS70/2021) [2025] ZAGPJHC 410 (14 April 2025)

The court finds that crimes against humanity, including apartheid-era murders, are not subject to statutory limitation under South African law. Section 232 of the Constitution incorporates customary international law, which recognises such crimes as imprescriptible and prosecutable regardless of when committed. The...

Source-derived case information.

Citation
[2025] ZAGPJHC 410
Parties
Applicant: The State; Respondent: Mfalapitsa ThlomedI Ephraim; Respondent: Rorich Christiaan Siebert; Amicus Curiae: Legal Resources Centre
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 April 2025
Case Number
SS70/2021
Procedural Posture
Criminal Law Application / Objection to Indictment Under S85(1) of the Criminal Procedure Act
Outcome
Objection dismissed. The State is permitted to proceed with the charges as indicted.
Judges
D Dosio
Legal Topics
Customary International Law, Crime Against Humanity, Apartheid, Statute of Limitations, Principle of Legality, Section 232 Constitution
Criminal Law Constitutional Law Public International Law Customary International Law Crime Against Humanity Apartheid Statute of Limitations Principle of Legality +1 more

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Parties

The State

Applicant

Mfalapitsa ThlomedI Ephraim

Respondent

Rorich Christiaan Siebert

Respondent

Legal Resources Centre

Amicus Curiae

Procedural Posture

Criminal Law Application / Objection to Indictment Under S85(1) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether crimes against humanity, including apartheid-era murders, are subject to prescription under South African law.
  2. 2 Whether section 232 of the Constitution provides a self-standing basis for prosecution of crimes against humanity committed before the ICC Act.
  3. 3 Whether the principle of legality precludes prosecution for crimes committed before their domestic codification.

Ratio Decidendi

The court finds that crimes against humanity, including apartheid-era murders, are not subject to statutory limitation under South African law. Section 232 of the Constitution incorporates customary international law, which recognises such crimes as imprescriptible and prosecutable regardless of when committed. The principle of legality is not violated, as these crimes were recognised under international law at the time of commission. The ICC Act does not preclude prosecution for acts committed before its enactment, as section 232 provides an independent legal basis. Alleged political interference and delay do not affect the NPA's title to prosecute or the accused's right to a fair trial....

Court Disposition

Objection dismissed. The State is permitted to proceed with the charges as indicted.

Orders

  • The objection raised by the accused under section 85 of the Criminal Procedure Act is dismissed.
  • The State is authorised to put the charges to the accused as per the indictment.