Pretoria: The National Prosecuting Authority (NPA) has secured a conviction related to a matter of the Truth and Reconciliation Commission (TRC). This follows the Pretoria High Court’s decision to find former Apartheid police officer Johan Marais guilty of the murder of student activist Caiphus Nyoka. Marais had pleaded guilty to the murder.
According to South African Government News Agency, after the guilty plea was read into the record, Marais was released on R5000 bail under strict conditions. These conditions include prohibitions against interfering with state witnesses and communicating with the other three co-accused. Moreover, Marais was ordered not to leave the jurisdiction of Springs without notifying the investigating officer. He is also required to surrender his passport to the investigating officer and is prohibited from applying for a new one.
The NPA announced that the matter has been postponed to 27 January 2025 for a psychological report. The trial against the three other accused will commen
ce at the Pretoria High Court sitting in Benoni from 18 November until 06 December 2024. Nyoka was killed for his activism against Apartheid policies in 1987. At the time, he was an active member of the Congress of South African Students, the South African Youth Congress Organiser (SAYCO) of the Transvaal Student Congress in the East Rand, and the President of the Student Representative Council (SRC) at Mabuya High School.
The NPA elaborated that on the evening of 23 August 1987, Marais, along with members of the security branch and other units within the South African Police, devised a plan to kill Nyoka. This plan was orchestrated under the then commanding officer, Major Leon Louis van den Berg, who faces separate charges. In the early morning hours of 24 August 1987, Marais, Sergeant Pieter Stander, Sergeant Abram Hercules Engelbrecht, and other Reaction Unit members arrived at Nyoka’s homestead. They stormed his room, where Nyoka and three friends were sleeping. After identifying Nyoka, they removed his
friends and shot him nine times, resulting in his immediate death from multiple gunshot wounds.
The prosecutorial body described Marais’ conviction as impactful. The NPA stated that this conviction reflects their commitment to ensuring accountability for atrocious crimes referred to them by the TRC. They acknowledged the challenges in investigating and prosecuting TRC matters due to the lapse of time, disintegration of evidence, and lack of available witnesses. Despite these challenges, the dedicated joint TRC team from the Directorate for Priority Crime Investigation (DPCI) and the NPA remains committed to addressing apartheid-related atrocities and delivering justice.
The NPA emphasized that this conviction is significant and impactful not only for the state and society but, most importantly, for the victim’s families. It provides a sense of justice and closure, which is invaluable.