The National Prosecuting Authority (NPA) has secured a conviction related to a matter of the Truth and Reconciliation Commission (TRC).
This after the Pretoria High Court found former Apartheid police officer Johan Marais guilty of the murder of student activist Caiphus Nyoka.
Marais had pleaded guilty to the murder.
“After the guilty plea was read into the record, Marais was released on R5000 bail, with conditions that he should not interfere with state witnesses and that he should not communicate with the other three co-accused.
“He was also ordered not to leave the jurisdiction of Springs without informing the investigating officer, and he should hand in his passport to the investigating officer and not apply for a new one.
“The matter was postponed to 27 January 2025 for a psychological report. The trial against the three other accused in the matter will start at the Pretoria High Court sitting in Benoni on 18 November until 06 December 2024,” the NPA said in a statement.
Nyoka was killed for his activism against Apartheid policies in 1987.
At the time, the student activist was a member of the Congress of South African Students, the South African Youth Congress Organiser (SAYCO) of the Transvaal Student Congress in the East Rand, as well as the President of the Student Representative Council (SRC), at Mabuya High School.
“In the evening of 23 August 1987, Marais and some of the members of the security branch and other units within the South African Police met to discuss a plan to kill Nyoka. A plan to raid his home was devised, under the then commanding officer Major Leon Louis van den Berg, who is also charged separately.
“In the early hours of 24 August 1987, at about 02h30, Marais, together with Sergeant Pieter Stander, Sergeant Abram Hercules Engelbrecht and other members of the Reaction Unit who are also charged separately, arrived at Nyoka’s homestead and stormed Nyoka's room.
“They found him with three of his friends sleeping. After identifying him, they removed the friends from the room and thereafter proceeded to shoot him nine times. He died on the scene as a result of multiple gunshot wounds,” the NPA explained.
The prosecutorial body described Marais’ conviction as impactful.
“The National Prosecuting Authority (NPA) welcomes this conviction, which reflects the commitment to ensuring accountability for atrocious crimes that were referred to the NPA by the TRC.
“TRC matters, in their nature and due to the very long lapse of time, disintegration of evidence and lack of availability of critical witnesses, are very difficult to investigate and prosecute. The joint TRC team, made up of dedicated investigators from the DPCI and prosecutors will continue to fight the deserving fight against the apartheid- related atrocities and bring justice to society.
“This conviction is therefore a significant and impactful outcome, not only for the state and society, but most importantly for the victim's families. It brings an important sense of justice and closure, which is priceless,” the NPA said. - SAnews.gov.za
