Court dismisses bid to drop charges in 1987 student activist Nyoka's murder case
The Pretoria High Court sitting in Benoni has rejected claims of no evidence in the case of two former apartheid-era officers accused of murdering student activist Caiphus Nyoka in 1987.
The court ruled that there is enough evidence to proceed with the trial of two ex-officers accused of killing the Congress of South African Students (COSAS) member and student activist.
This follows a Section 174 application brought under the Criminal Procedure Act 51 of 1977 by former commanding officer Major Leon Louis Van Den Berg (75) and former Sergeant Abraham Hercules Engelbrecht (61).
The two, along with former Sergeant Pieter Stander, 60, are facing a murder charge in connection with Nyoka's death.
Nyoka gunned down
According to the allegations, the three members of the South African Police Service's Reaction Unit got together on the evening of 23 August, 1987 to plot Nyoka's murder. Van Den Berg allegedly led the planning of a raid on his residence.
National Prosecuting Authority (NPA) regional spokesperson Lumka Mahanjana said at around 2am on 24 August, 1987, Stander, Engelbrecht, and other Reaction Unit members – who are also charged separately – arrived at Nyoka's home and broke into his room.
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'They found him sleeping with three of his friends. After identifying him, they removed the friends from the room and thereafter proceeded to shoot him nine times,' Mahanjana said.
Nyoka died on the scene from multiple gunshot wounds.
Trial proceedings
During the trial, the state called five witnesses, including Nyoka's sisters Alegria and Mothasi Nyoka and one of his three friends who were present on the night of the incident, Gugulakhe Exodus Nyokane.
The court also heard testimony from expert witness Dr Nicky Rousseau, a Truth and Reconciliation Commission (TRC) researcher, and the investigating officer, Lieutenant Petrus Colonel Beukman.
After five witnesses testified, the state closed its case.
Accused application dismissed
'Thereafter accused number one (Van Den Berg) and two (Engelbrecht) brought a section 174 application claiming that the state had no case,' Mahanjana said.
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'After the court dismissed their application, accused number three (Stander) opted to remain silent and closed his case.'
The court has postponed the matter to 8 to19 September for the defence cases of Engelbrecht and Stander.
Sentencing
The sentencing proceedings for Johan Marais, 65, a former member of the Reaction Unit 6 in Dunnottar who was prosecuted and found guilty of the same offences, have been rescheduled for 5 to 6 June.
'This court outcome is encouraging as the state overcomes the first hurdle that was presented by the defence in order to prevent the trial from proceeding,' Mahanjana concluded.
'The state will continue to put forward a formidable case to ensure that justice is served against such atrocities of the apartheid era.'
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