Court rejects discharge application from apartheid-era cops in Caiphus Nyoka murder case
Image: Facebook/Ahmed Timol
The High Court in Pretoria, sitting in Benoni, has dismissed an application brought by the accused, two former apartheid-era police officers, who were seeking discharge in the murder case of student activist Caiphus Nyoka.
In the application, accused number one, a former commanding officer, Major Leon Louis Van Den Berg, 75, and accused number two, a former Sergeant Abraham Hercules Engelbrecht, 61, sought discharge, insisting that the state has no case against them.
'The two, together with their co-accused, former Sergeant Pieter Stander, 60, are facing a charge of murder for allegedly killing a student activist and a member of the Congress of South African Students (Cosas) Caiphus Nyoka,' said Lumka Mahanjana, Gauteng regional spokesperson for the National Prosecuting Authority (NPA).
It is alleged that in the evening of 23 August 1987, the three, who were members of the Reaction Unit within the South African Police Service, met to discuss a plan to kill Nyoka. Get your news on the go, click here to join the IOL News WhatsApp channel.
'A plan to raid his home was devised, under the commanding officer Major Van den Berg. In the early hours of 24 August 1987 at about 02h30, Stander and Engelbrecht and other members of the Reaction Unit who are also charged separately, arrived at Nyoka's homestead and stormed Nyoka's room,' said Mahanjana.
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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.'
The young activist died on the scene as a result of multiple gunshot wounds.
'During the trial, the state called five witnesses, two Caiphus Nyokas sisters, Alegria and Mothasi Nyoka, Gugulakhe Exodus Nyokane one of the three friends Nyoka was with on the night of the incident, an expert witness who was the Truth and Reconciliation Commission (TRC) researcher DR Rousseau and the investigating officer of the case Lieutenant Colonel Beukman,' said Mahanjana.
After the five witnesses testified, the state closed its case. Thereafter, Engelbrecht brought a section 174 application, claiming that the state had no case.
After the court dismissed the application, Van Den Berg opted to remain silent and closed his case.
The matter was postponed to 8-19 September 2025 for the defence case of Engelbrecht and Stander.
The case against the former section member of the Reaction Unit 6 in Dunnottar (Springs), Johan Marais, 65, who was charged and convicted for the same offence was postponed to 5 and 6 June 2025 for sentencing proceedings.
'This court outcome is encouraging as the state overcomes the first hurdle that was presented by the defense in order to prevent the trial from proceeding. The State will continue to put forward a formidable case to ensure that justice is served against such atrocities of the apartheid era.
Last year, IOL reported that Marais, was found guilty of killing student activist Caiphus Nyoka in 1987.
This comes after the 65-year-old pleaded guilty to the murder in the High Court in Pretoria.
When he was killed, Nyoka was part of several organisations which used to publicly challenge apartheid policies.
jonisayi.maromo@iol.co.za
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