WeeklySA_AdminGuilty: Former Apartheid police officer pleads guilty while his co-accused face the same music…
By WSAM Reporter
A week after he pleaded guilty to a charge of murder, former apartheid-era police officer Johan Marais’s three co-accused will appear in the North Gauteng High Court in Pretoria on Monday to face the music for the same crime of having pumped multiple shots – at point blank range – that killed a student leader in Daveyton, Benoni, 37 years ago.
The bullet-riddled body of Caiphus Nyoka, a student activist, was found in his room after Marais and several other police officers kicked the door open and burst into his room in the backyard of his parents’ home in Daveyton, Springs in the early hours of August 23, 1987 where he was sleeping with three of his friends.
It is the State’s case that Nyoka’s murder was planned by apartheid police officers. After identifying him, his three friends were removed from the room and Nyoka, who was a member of the Congress of South African Students (COSAS) and President of the Students Representative Council at the local Mabuya High School, was murdered. He died in a hail of bullets fired by the police.
After struggling for 37 years to identify his killers, Nyoka’s family last week breathed a sigh of relief at last that could bring closure to this tragedy when Marais (65), who was the Section leader of the Reaction Unit 6 in Dunnottar, Springs, pleaded guilty to Nyoka’s murder in the North Gauteng High Court. The court found him guilty as charged. Marais, who is expected to be sentenced on January 27, next year, was released on R5000 bail and under strict conditions including that he not interfere with witnesses.
Three of his co-accused – Abraham Engelbrecht, Louis van den Berg and Pieter Stander – are expected to appear in court on Monday for their alleged involvement in Nyoka’s murder.
Charges of murder against the four former apartheid police officers emanated from the findings of the Truth and Reconciliation Commission which established – after evidence from several witnesses including the police – that Nyoka was executed by police in cold blood. Three of his friends – Excellent Mthemba, Exodus Nyakane and Elson Mnyakeni – were taken to the Benoni Headquarters of the Security Branch and tortured.
‘’ The Commission finds that the killing of Mr. Caiphus Nyoka by members of the Benoni Security Branch constitutes a gross violation of human rights and holds the Minister of Law and Order, the Commissioner of Police and the Head of the former State responsible’’.
The TRC established that on August 23, 1987, Nyoka and his three comrades were sleeping at his home in Daveyton when members of the Benoni Security Branch entered the room, took the three comrades out into the yard and then executed Nyoka ‘’in cold blood’’.
The Commission also found that the torture of Nyoka’s three friends, constituted a gross violation of human rights and held the Benoni Security Branch, the Commissioner of Police and the Minister of Law and Order responsible.
During the TRC hearings, Nyoka was allegedly linked to eight hand grenades and six limpet mines found on two men on 23 August 1987. The men told the police that they had received the contents of the bag from him, and that they were supposed to return to his home that night. The two men, Mr Daniel Moseng and Mr Moses Mahlangu, were taken to Daveyton police station and the bag was given to Sergeant Engelbrecht of the Security Branch.
Arrangements were made to arrest Nyoka. One of police officers, who knew Nyoka, was to identify and arrest him with the help of two sergeants. Any other people who might be in the room were to be removed, as the police did not know how Nyoka would react.
According to the TRC report, when the group of police officers arrived at the house, they knocked and ordered the occupants to open the door. Getting no reaction, they kicked the door in. Inside, one of the police officers used his flashlight to identify Nyoka. He saw three other men and took them outside immediately.
‘’He heard Marais ordering Nyoka to keep still. The next moment he heard shots and ordered the three men to lie down on the ground’’.
Two police officers simultaneously shot at Nyoka when they saw him trying to reach for ‘’something like a weapon under the bed.’’
It was later established that Nyoka had sustained about ten gunshot wounds to his body.
Three of his friends were arrested and taken to Benoni police station for questioning. According to these three young men, they had attended a funeral in Daveyton with Nyoka and had gone to a shebeen together afterwards. At the end of the evening Nyoka said they could all sleep in his room. They talked about the funeral and then went to sleep until the police kicked down the door.
According to the TRC report, at the police station, the three were interrogated and tortured. Nyakane heard someone screaming while he was left in an office in the Daveyton police station.
‘’Later, he was locked in a locker and smelled tear gas fumes. He was taken to another office and his face was covered with a cloth causing him breathing difficulties. He was given electric shocks on both hands. As the shocks continued, the cloth was tightened. He was hit in the face. An object was then put in his mouth and he was shocked again. He fell to the floor still handcuffed to the chair’’.
During the torture, he was questioned about whether he knew two other men, which he denied. He was later taken back to the previous room and locked in a locker again. He peeped through the door and witnessed two other people being locked inside lockers.
He also heard more screams. He was later taken back to Daveyton and released.
