The High Court in Johannesburg has dismissed Joao Jan Rodrigues's application not to face charges for the death of the anti-apartheid activist Ahmed Timol.
Timol was allegedly thrown out of a 10-story building of John Vorster police station in October 1971.
Rodrigues legal team argued that he should benefit from amnesty as the killing should be considered as politically motivated.
EWN reporter Kgomotso Modise says Judge Seun Moshidi ruled that the National Prosecuting Authority (NPA) could go ahead and prosecute Rodrigues for his alleged involvement in Timol's murder.
Judge Moshidi was saying that on an account of how much has happened and how the family is feeling about this and also the extent of the damage caused, there was no way of Jan Rodrigues making his way out of this.— Kgomotso Modise, Reporter - EWN
Modise says Timol's family has expressed relief but at the same time is concerned that the wheels of justice are moving slowly.
Rodrigues is expected to appear in court on 28 June.
To hear the rest of the conversation, listen below: