Latest news with #Section174
The Citizen
23-05-2025
- The Citizen
Court dismisses bid to drop charges in 1987 student activist Nyoka's murder case
The court rejected claims of no evidence in the case of apartheid-era officers accused of murdering Caiphus Nyoka in 1987. 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. ALSO READ: NPA reopens inquests into Chief Albert Luthuli and Griffiths Mxenge's deaths '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. ALSO READ: Ramaphosa launches commission of inquiry into apartheid-era justice delays '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.'
Eyewitness News
22-05-2025
- 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.
IOL News
21-05-2025
- IOL News
Life sentences for men convicted of ambushing and ruthlessly murdering Cape Town officers
The Western Cape High Court sentenced cop killers Image: Patrick Louw / Independent Newspapers The Western Cape High Court has handed down two life sentences and an additional 60 years of direct imprisonment to four men convicted of the brutal, premeditated murders of two City of Cape Town law enforcement officers. National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila confirmed that Ndumiso Lutshetu, Ashwin Kennedy, Bongani Mvamveki, and Malibongwe Witbooi were found guilty of the cold-blooded killings of Jan Nieuwenhuys and Simthembile Nyangiwe, and have now been sentenced for the violent crime. The two officers were gunned down in broad daylight on 4 September 2019 while on duty, guarding a construction site at Sweet Home Farms in Samora Machel. They were ambushed while sitting in a marked patrol vehicle, having just returned from their lunch break. The court also convicted the accused on two counts of robbery with aggravating circumstances, illegal possession of firearms, and illegal possession of ammunition. In addition to the life sentences for the murders, each was sentenced to 15 years' direct imprisonment for each count of robbery, and a further 15 years each for the weapons charges. Judge Daniel Thulare ordered these sentences to run concurrently with the life sentences. All four were declared unfit to possess firearms. The sentencing followed a meticulous investigation and a prosecution led by Advocate Carl Gertse of the NPA's Organised Crime Component. The case hinged on compelling circumstantial evidence, including forensic analysis, post-mortem reports, and police testimony. The court heard that the slain officers had been protecting workers from Usher Construction at a site often targeted by criminal gangs. According to the evidence, the attackers struck with ruthless efficiency. Their colleagues, stationed in another vehicle across the site, rushed over after hearing gunfire to discover the officers' bullet-riddled bodies. A coordinated manhunt was immediately launched. Acting on a vital tip-off from an informant, Warrant Officer Nguma, a Commander of the Crime Prevention Unit at the Samora Machel Police Station led a joint task force of 10 police officers and 18 soldiers to Ramaphosa Informal Settlement. Within two hours of the attack, all four suspects were arrested. The informer had accompanied the task team to identify the specific shack the accused were hiding in—essential in an area with no formal addresses. Despite pleading not guilty and attempting to dismiss the case through a Section 174 application under the Criminal Procedure Act, the State successfully opposed the move, and the trial proceeded. During closing arguments, Gertse emphasised the execution-style nature of the killings and the sheer volume of cartridges recovered at the scene. He argued that the primary motive was to obtain the officers' firearms and that had the accused not been swiftly apprehended, further crimes may have followed. Judge Thulare, in his judgment, condemned the act as a targeted effort to intimidate the City of Cape Town. He stated that the attackers sent a chilling message: 'Even with your deployment of law enforcement officers, you can't stop us, for we will kill and rob your guards in broad daylight.' He recognised the killings as part of a broader crime intending to intimidate the municipality into submission to the gangs' dictates. 'This was a direct attack on the State and its authority,' said Adv. Nicolette Bell, Western Cape Director of Public Prosecutions. 'An attack on law enforcement is an attack on government itself. It cannot be overemphasised how important it is to ensure that those who commit such crimes receive the maximum sentences our courts can hand down. The NPA will be vigorous in its pursuit of perpetrators of such crimes to ensure their sentences serve as a deterrent." [email protected] Weekend Argus
Hindustan Times
15-05-2025
- Hindustan Times
IB officer murder: Court holds wife, her lover guilty
Kota May 15 A Jhalawar court on Wednesday sentenced a suspended cop, the wife of a murdered Intelligence Bureau officer and others to varied terms of imprisonment in the case. While the suspended Rajasthan Police official was sentenced to life-term imprisonment and slapped with a ₹1 lakh fine, the wife of the IB officer and another convict were awarded 14 years' rigorous imprisonment. Another accused was acquitted for want of evidence. Notably, the mortal remains of Chetan Prakash Galav, posted as a senior technical officer in IB, New Delhi, was found at a railway station in Ralayta in Jhalawar in February 2018. The police initially lodged a case under Section 174 of CrPC, however, following a court order the plea of the officer's father who suspected murder, the police investigated the case and held it be a case of murder. The police claimed the officer's wife Anita Meena, a government school teacher, her lover Praveen Rathore, the suspended cop, conspired with Sharukh Khan, an RTO agent, who was hired for ₹3 lakh. The trio along with Santosh Nirmal, a private medical nurse and another accused Farhan aside from a minor boy, hatched a plan to kill Galav. The court held Rathore and Khan guilty of conspiracy, kidnap and murder under IPC and SC/ST Act and awarded them life terms with a fine of ₹1 lakh each, public prosecutor Dipesh Bhardwaj on Thursday said. Meena and Nirmal, on the other hand, were held guilty of conspiracy and murder and sentenced to 14 years in jail. While Farhan was acquitted, the minor faces trial in a juvenile court. The mystery behind Galav's murder began to unravel with the arrest of Khan four months after the murder. He had allegedly abducted Galav with the help of two neighbours from the Jhalawar railway station and injected him with a double dose of Ketamine to kill him. The injections were supplied by Nirmal. The arrest of Meena further revealed to the police startling facts, including it was the accused's fifth attempt on Galav.
IOL News
24-04-2025
- IOL News
Joshlin Smith accused elect not to take stand, state their case
Jacquen Appollis, Steveno van Rhyn and Kelly Smith face charges of human trafficking and kidnapping. Image: Robin-Lee Francke/IOL AS the State closed its case in the Joshlin Smith matter on Wednesday, accused Jacquen 'Boeta' Appollis and Steveno van Rhyn both elected to not give evidence or call witnesses. Earlier, the State called Colonel Riaan Morris from the provincial Commercial Crimes Unit, who played six videos for the court. The videos include Kelly Smith being filmed on Sunday, March 3, 2024, at an open prayer service being held for Joshlin. The other videos also show Smith having a meeting at the Spur with now Minister Gayton McKenzie. A few videos of the meeting with McKenzie are shown. He was also provided with two links, which led to two videos of McKenzie, seated in the back of a vehicle, where he questions Van Rhyn about his whereabouts and what happened to Joshlin. As the State closed its case, Judge Nathan Erasmus was told that the defence counsel would bring forth Section 174 applications. A Section 174 application, under South Africa's Criminal Procedure Act, allows an accused person to be discharged if the court believes there is no evidence to support a conviction at the close of the State's case. Fanie Harmse, the legal representative for Appollis, chose not to bring forth an application. Van Rhyn's lawyer, Nobuhle Mkabayi, brought an application. 'The defence will argue accused two has no case to answer. All state witnesses who testified didn't bring any evidence that this court can come to the conclusion that accused two has committed an offence. It will be unfair if the accused is only brought into the dock to supplement the State's case,' she submitted. When Judge Erasmus mentioned that State witness Laurentia Lombaard implicated van Rhyn, Mkabayi shot back, stating she was 'not credible'. 'Your client made a statement which I found admissible, that he admitted to being with when Joshlin was taken away, and he had gone back to find out what his cut was,' Judge Erasmus said. 'I strongly submit there is no evidence,' Mkabayi submitted. Smith's lawyer, Rinesh Sivnarain, also brought forth an application to have charges discharged against his client, submitting the case had not brought enough prima facie evidence against his client. 'In regards to human trafficking, (there was) only one witness, Laurentia Lombaard, and I submit that her evidence was of such poor quality that it should be rejected in its entirety,' he submitted. Sivnarain cited previous cases where credibility is questioned, arguing for the court to consider credibility. 'I am of the view that there is no evidence because of the inconsistencies and that her evidence should be rejected.'
