The Gauteng High Court in Johannesburg has dismissed former apartheid security officers’ bid to secure the recusal of the presiding Judge in the COSAS 4 trial.
Judge Dario Dosio of the Gauteng High Court will not be recusing himself from the historic trial which seeks justice for the murder of three teenagers in Krugersdorp and the attempted murder of one in 1982 when explosives were detonated in a pump house on a deserted mine property.
This after Christiaan Siebert Rorich, a former Security Branch explosives expert, and Tlhomedi Ephraim Mfalapitsa, a former Askari who are implicated in the COSAS 4 murders failed show a reasonable apprehension of bias on the part of the Presiding Officer.
The pair face charges of kidnapping, murder as a crime against humanity, murder and apartheid as a crime against humanity.
This, as Judge Dosio quashed the claim that knowledge of the refusal of amnesty in the matter creates a reasonable apprehension of bias.
“This court does not believe that knowledge of the denial of amnesty viewed collectively prevents this court from conducting this trial open-mindedly, impartially, and fairly. Neither does this court believe that with knowledge of amnesty being denied, that will deprive either accused 1 or 2 of their rights to be presumed innocent in terms of section 35 (3) of the constitution until their guilt has been proven beyond a reasonable doubt.”
The court, in its judgment, added that such a contention incorrectly suggests that Judges live in isolation.
“Accused 2’s contentions that it will not be possible for this court to objectively evaluate evidence presented during this trial is tantamount to suggesting that judges live in isolation, away from the world, and are not aware of current affairs, which is incorrect.”
Lastly, the court reiterated the independence of the judiciary when adjudicating cases.
“Courts and judges are independent and will always deal with matters based on their own merits and evidence presented before them; as such, like in this case, knowing about something does not mean that the court will be influenced,” said Judge Dario Dosio.
The high-profile quest for justice for the families of the anti apartheid activists, collectively known as COSAS 4 continues on the 9th of May 2025.
