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Court rejects discharge application from apartheid-era cops in Caiphus Nyoka murder case
Court rejects discharge application from apartheid-era cops in Caiphus Nyoka murder case

IOL News

time23-05-2025

  • IOL News

Court rejects discharge application from apartheid-era cops in Caiphus Nyoka murder case

Student activist Caiphus Nyoka in 1987. 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. 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 ✕ '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. IOL News

2 former apartheid officers' bid to get off the hook for Caiphus Nyoka murder fails
2 former apartheid officers' bid to get off the hook for Caiphus Nyoka murder fails

Eyewitness News

time22-05-2025

  • Eyewitness News

2 former apartheid officers' bid to get off the hook for Caiphus Nyoka murder fails

PRETORIA - The latest bid by two former apartheid police officers to get off the hook for the murder of student activist Caiphus Nyoka has failed in the Pretoria High Court. Judge Ismail Mohammed delivered the judgment on Thursday morning. ALSO READ: Sixty-three-year-old Abram Engelbrecht, 62-year-old Pieter Stander, and 75-year-old Leon van den Berg, who were members of the reaction unit of apartheid police, are accused of shooting the student activist multiple times in his Daveyton home. In 2024, a fourth accused, Johan Marais, pleaded guilty and is yet to be sentenced. Lawyers for van den Berg and Engelbrecht brought a Section 174 discharge application this week, arguing that the State had no evidence against them that could lead to a conviction. Mohammed delivered his verdict but did not give a comprehensive judgment. 'Having heard counsel, the court is of the view that the application for a discharge in terms of Section 174 of the Criminal Procedure Act should be refused.' Mohammed said he would be incorporating the full judgment, detailing the reasons for his ruling in the final overall judgement in the matter. That means the defence will now have to open its case and call its witnesses.

Caiphus Nyoka murder case: Defence to apply for discharge
Caiphus Nyoka murder case: Defence to apply for discharge

Eyewitness News

time15-05-2025

  • Eyewitness News

Caiphus Nyoka murder case: Defence to apply for discharge

JOHANNESBURG - Lawyers for an apartheid general accused of the murder of student activist Caiphus Nyoka say he will be applying for a discharge. Leon van den Berg (75) is one of three former police officers charged with the murder of 23-year-old Nyoka. Nyoka was shot nine times at his Daveyton homes in 1987. His murder is among the cases referred to the National Prosecuting Authority by the Truth and Reconciliation Commission. Nyoka was brutally gunned down by police in his home in 1987. Van den Berg was a police general and the most senior officer on the scene, who was leading the operation. But he has pleaded not guilty to the charges against him. This is despite one of his co-accused, another former cop, Johan Marais, pleading guilty to the crime. Now that the State has closed its case, van den Berg wants to apply for a discharge in terms of Section 174 of the Criminal Procedure Act. Such an application is brought when the accused believes the state has no evidence against him that could lead to a conviction. Arguments on this application will be heard on Monday.

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