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Criminal Law [2025] ZAGPJHC 410

S v Ephraim and Others (SS70/2021)

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 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 interfe…

  • Customary International Law
  • Crime Against Humanity
  • Apartheid
  • Statute Of Limitations
  • Principle Of Legality
  • Section 232 Constitution
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