Johan Marais faces sentencing for the murder of activist Caiphus Nyoka in apartheid-era case
Former apartheid police officer Johan Marais, who was earlier found guilty of the 1987 murder of student activist Caiphus Nyoka, will be back in the Gauteng High Court, Pretoria.
Image: Jacques Naude / Independent Newspapers
Former apartheid police officer Johan Marais, who was earlier found guilty of the 1987 murder of student activist Caiphus Nyoka, will be back in the Gauteng High Court, Pretoria, on July 7, when arguments will be further presented regarding his possible sentence.
The defence called a psychologist last week who assessed the 66-year-old Marais.
She told the court that he has remorse for what he had done 38 years ago, and he wishes that he could undo what had happened.
Apartheid-era police officer Johan Marais will be back in the dock in July to face punishment for his role in the killing of Caiphus Nyoka.
Image: Zelda Venter
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
The proceedings have been set down for a week in July, during which the family of Nyoka is expected to state their feelings about the case.
In mitigation of sentence, psychologist Kirsten Clark pointed out that Marais is willing to partake in rehabilitation programmes, as well as his age, and the fact that he is not healthy.
Marais, however, indicated that he would abide by a prison sentence if this was what the court had in mind.
In August 1987, Nyoka was fatally shot at his family home in Daveyton by a police unit established to deal with terrorism.
In 1988 and 1989, an inquest held before the Benoni Magistrate's Court resulted in a ruling that the police had acted in self-defence, despite evidence presented by the family suggesting otherwise.
In 1997, Nyoka's mother, Saroma Nyoka, and his sister, Alegria Nyoka, approached the Truth and Reconciliation Commission (TRC) to seek justice and to unearth the truth behind the killing. None of the police officers involved in Nyoka's killing applied for amnesty.
Marais described his role as a section leader in Reaction Unit 6 (riot unit) based in Dunnottar at the time of the killing.
He said on August 23, 1987, he and other members were called by their commander.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

IOL News
6 hours ago
- IOL News
Is the NPA compromised? Shamila Batohi's remarks spark concern
National Director of Public Prosecutions (NDPP), Shamila Batohi, said that the NPA has been infiltrated by unscrupulous prosecutors working in cahoots with criminals to deliberately bungle cases. Image: Ayanda Ndamane/Independent Newspapers National Director of Public Prosecutions (NDPP) Shamila Batohi's claims that the NPA is infiltrated by corrupt prosecutors, raising serious questions about the integrity of South Africa's justice system, should be a cause for concern for all South Africans, according to political analyst Zakhele Ndlovu. Batohi made these claims last week, in the wake of criticism directed at the NPA (National Prosecuting Authority), particularly over its handling of a special plea concerning Moroadi Cholota, the personal assistant to former Free State premier Ace Magashule. This was after the Free State High Court ruled that Cholota's extradition from the US was unlawful. The NPA also faced scrutiny for its handling of the case involving Nigerian pastor Timothy Omotoso, who was recently acquitted in his long-running rape trial. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Defending the NPA, Batohi claimed that the institution had been compromised by corrupt prosecutors working together with criminals to deliberately sabotage cases. These remarks did not sit well with Justice and Constitutional Development Minister, Mmamoloko Kubayi, who last week summoned her to an urgent meeting to discuss the matter. President Cyril Ramaphosa also wants to meet Batohi, saying he believed the meeting would allow her an opportunity to vent and lay her cards on the table. Ndlovu, a political science lecturer at the University of KwaZulu-Natal said Batohi's comments were very concerning, adding that it was an open secret that there are questions over the credibility of the NPA . He said Batohi knows what is wrong within the institution and although she had changed her description of the chaos at the NPA from "infiltration" to "sabotage", it did not change the fact that there is a crisis in the prosecutorial body. "The (justice minister) summoned Batohi (to a meeting) because her comments were a poor political reflection. 'Batohi made promises when she was appointed but one reason she has failed is because the NPA has been compromised, and another reason is because of infiltration,' said Ndlovu. Another political analyst, Professor Sipho Seepe, believes Batohi was set up politically. 'A series of bungling gives credence that the NPA has deviated from its mandate of ensuring that it conducts its affairs without fear, favour, or prejudice. In a way, Batohi has arguably been set up. She was probably given the suspects before the alleged crimes were investigated. This is what happens when you have a trial by the media.' 'The likes of Matshela Koko, Brian Molefe, and Siyabonga Gama have already been found guilty by popular opinion. This has placed too much pressure on Batohi. We have seen this play itself out in the case of Duduzane Zuma, who had for months been branded a fugitive from justice. "When he came to bury his brother, he was arrested and treated like a violent criminal only for the case to be thrown out," said Seepe adding that the NPA has demonstrated an eagerness to prosecute frivolous cases and ignore findings that involve politically connected individuals. NPA spokesperson Mthunzi Mhaga did not respond to questions on Batohi's comments. Meanwhile, the EFF and MK Party want Batohi to appear before Parliament to explain her remarks. The EFF last week wrote to National Assembly Speaker Thoko Didiza, requesting an urgent debate on what it believes is an institutional crisis at the NPA. The party said any assertion from Batohi that the NPA has been infiltrated should send shockwaves throughout every organ of the state.

IOL News
6 hours ago
- IOL News
Municipal police services to enforce immigration laws, regulate sale of second-hand goods
Municipal police services could soon be allowed to enforce immigration laws and detect possibly stolen goods sold as second-hand goods. Image: Ayanda Ndamane / Independent Newspapers Municipal police services across the country are set to be given more powers, including enforcing immigration laws, controlling and preventing the sale of stolen goods. The SA Police Service (SAPS) is proposing changes to the regulations for municipal police services first promulgated in June 1999. According to the SAPS, the proposed revision of the regulations will affect the powers conferred on police officers that may also be exercised by a member of the municipal police services, including metro cops. Municipal police services currently exercise a wide range of powers similar to those of SAPS members, such as investigating crimes under the Criminal Procedure Act, drugs and drug trafficking, domestic violence, and stock theft, among others. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The changes will grant municipal police services the powers to enforce the Immigration Act of 2002 and demand that any person reveal their identity. 'When so requested by an immigration officer or a police officer, any person shall identify himself or herself as a citizen, permanent resident or foreigner, and if on reasonable grounds such immigration officer or police officer is not satisfied that such person is entitled to be in the Republic, such person may be interviewed by an immigration officer or a police officer about his or her identity or status,' reads the clause municipal police services could be enforcing. Additionally, the Immigration Act makes provision for an immigration or police officer to take such a person into custody without a warrant, and take reasonable steps, as may be prescribed, to assist the person in verifying his or her identity or status, and thereafter, if necessary, detain him or her. The Act also makes it a criminal offence for any person assisting an immigration or police officer to evade the stipulated processes or interfere with such processes. Sellers of second-hand goods could now be subjected to routine inspections by municipal police services to demand a certificate of registration relating to those premises, register, record, book or other document relating to the goods in or on the premises for inspection or for the purposes of obtaining copies thereof or extracts. They can also demand to see any goods found in or on such premises for examination or explain any entry or absence of any entry in any register, book, record or document found. Municipal police services will be allowed to enter, search and seize on the authority of a warrant issued to have access to any document or information that pertains to an investigation and is in the possession or under the control of anyone on the premises that may be used as evidence of a contravention of any provision of the Second-Hand Goods Act. They will be able to seal or seal off the premises at, on, or in which second-hand goods are found, to prevent a person from conducting business in contravention of the Act.

IOL News
9 hours ago
- IOL News
Department of Correctional Services faces R1. 4 billion over-expenditure
During a briefing on the DCS's second and third quarter performance report for the 2024/25 financial year, committee members were informed that the year-to-date expenditure for the department stood at a considerable R21.6 billion, constituting 78% of the projected annual spending of R29.2 billion. Image: Boxer Ngwenya / Independent Newspapers The Portfolio Committee on Correctional Services has expressed deepening concerns regarding the alarming budgetary excesses plaguing the Department of Correctional Services (DCS), as projections indicate an over-expenditure of R1.4 billion. This situation has arisen amid increasing operational costs, which could severely hinder the department's ability to fulfil its mandate effectively. During a briefing on the DCS's second and third quarter performance report for the 2024/25 financial year, committee members were informed that the year-to-date expenditure for the department stood at a considerable R21.6 billion, constituting 78% of the projected annual spending of R29.2 billion. This figure starkly overshadows the adjusted budget of R27.8 billion, thus highlighting the pressing need for fiscal accountability within the correctional system. The committee identified several contributing factors to this over-expenditure. Chief among them is a cost-of-living adjustment implemented in April 2024, which has compounded existing financial challenges. Additionally, the department's capital budget faces a worrying shortfall of R222 million, severely limiting essential infrastructure upgrades and maintenance needed to improve conditions within correctional facilities. Rising food costs have further exacerbated the situation. This increase is attributed not only to inflation and a rising inmate population but also the increasing number of foreign nationals housed in South Africa's correctional facilities. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The DCS is also grappling with soaring municipal tariffs for utilities such as electricity and water, which have skyrocketed beyond standard consumer price indices, ultimately straining the already overstretched Goods and Services budget. Moreover, the challenge has been heightened by the transfer of maintenance responsibilities from the Department of Public Works and Infrastructure to the DCS without a corresponding increase in funding, resulting in an alarming R154 million funding gap. Meanwhile, the department's efforts toward digital transformation and cybersecurity are stymied by a severely constrained budget for information technology. Kgomotso Anthea Ramolobeng, Chairperson of the committee, voiced her apprehensions about the department's financial trajectory. 'Of course, we raised concerns about this trend. It is worrying although the factors for such overspending have been placed before us. We urged the department to tighten its belt, like using for example offender labour wherever possible in order to cut cost and that will result in a transfer of skills,' she stated. In light of these challenges, the DCS has initiated measures aimed at curtailing projected over-expenditure. A dedicated committee has been established to monitor spending on a weekly basis, and the committee expressed hope that these interventions would yield tangible results. 'We noted these interventions and hope that the corrective measures will bear fruit. We will need a report detailing progress regarding those measures,' Ramolobeng said. The DCS also reported a troubling statistic: 29 unnatural deaths have been recorded among its inmate population, which stands at 160,353. Ramolobeng underscored the importance of accurate reporting, urging the DCS and the Judicial Inspectorate for Correctional Services to establish a framework to resolve discrepancies in the reporting of these numbers. 'Both parties need to sit down and come up with a way forward of how to address this reporting deficit. We want the DCS to submit a report to us following that sit-down meeting,' she concluded. IOL