Conviction of apartheid cop John Marais for killing of Caiphus Nyoka lauded

The Helen Suzman Foundation said the conviction of former apartheid police officer John Marais for the 1987 murder of anti-apartheid activist Caiphus Nyoka underscores the importance of prosecuting apartheid-era human rights abuses, regardless of the time that has passed.

The Pretoria High Court on Wednesday, 13 November 2024, found Marais, a former Section Leader of the Reaction Unit 6 in Dunnottar guilty of murder. 

This is after Marais pleaded guilty to the killing of Nyoka. 

“Critical step”

Executive Director at the Helen Suzman Foundation Naseema Fakier said the judgement marks a “critical step” in achieving justice for apartheid-era crimes and represents a moment of significance for the Nyoka family, who have waited 37 years for accountability.

“Each prosecution reinforces South Africa’s commitment to upholding the rule of law and honouring the memories of those who lost their lives in the struggle against the apartheid regime.

“HSF acknowledges the long journey endured by the Nyoka family in seeking justice for the murder of Caiphus, a courageous young activist targeted for his commitment to freedom. The sentencing of Marais in January 2025, alongside the upcoming trial of his three co-accused, offers hope that justice will be served for all involved,” Fakir said.

Fakir added that holding individuals accountable for historical atrocities is not only a moral imperative but also a powerful message that society will not tolerate impunity.

“HSF urges the state to continue pursuing similar cases, as these prosecutions are essential to promoting national healing and reinforcing public trust in our justice system.”

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Nyoka murder

At the time of his death, Nyoka was a student activist and a member of the Congress of South African Students (COSAS). 

On 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 2.30am, 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. 

Court proceedings

National Prosecuting Authority (NPA) spokesperson Lumka Mahanjana said after the guilty plea was read into the record, Marais was released on R 5000 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 Pretoria High Court sitting in Benoni on 18 November until 06 December 2024.

Mahanjana said the 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.

“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,” Mahanjana said.

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