Caiphus Nyoka: Apartheid era cop Johan Marais awaits his fate

ZELDA VENTER

FORMER Apartheid police officer Johan Marais, who was earlier found guilty of the 1987 murder of student activist Caiphus Nyoka, briefly appeared in the Gauteng High Court on Monday, awaiting his fate.

In November last year, Marais pleaded guilty to the murder and he was released on R5,000 bail, with conditions that he should not interfere with state witnesses and that he should not communicate with the other three co-accused.

The matter was postponed to Monday for a psychological report. Judge Papi Mosopa was, however, told that the report has not yet been compiled.

The matter was provisionally postponed to March 25 so that the defence can report to the court on the progress of the psychological report. The matter will then proceed on April 14 in terms of sentencing proceedings.

The trial against the three other accused in the matter will start later this year.

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 August 23, 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 the following day, 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 allegedly 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 earlier described Marais’ conviction as impactful as it 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 victims' families. It brings an important sense of justice and closure, which is priceless,” the NPA said during his conviction last year.

A grey and haggard-looking Marais on Monday meanwhile appeared in the dock with a face mask, while assisted in court by a friend.

zelda.venter@in.co.za

• Conviction of apartheid-era cop for murdering student activist Caiphus Nyoka brings hope