The conviction of an apartheid-era officer for the murder of student activist Caiphus Nyoka will bring hope to the families of the victims of apartheid crimes who lost their lives at the hands of the police, said Foundation for Human Rights, Humairaa Mayet.
“It has been 40 years of waiting for some of the families for justice to be passed. The families have not received a sense of closure in all these years,” Mayet said.
“There has been a great deal of miscarriage of justice. But there are several trials that are starting next year. Hopefully this will make the families see that justice will be passed,” she said.
Mayet made the comment after the Pretoria High Court found former section leader of the reaction unit 6 unit Dunnottar, Johan Marais, guilty of murder on Tuesday.
Marais, who pleaded guilty to the killing of Nyoka following a plea, will be sentenced on January 27 next year.
He was charged along with former police officers Louis van den Berg, Abraham Engelbrecht and Pieter Stander who will face trial next week.
At the time of his murder in 1983, Nyoka was a student activist and member of the Congress of South African Students in Benoni.
He was also the South African Youth Congress organiser of the Transvaal Student Congress in the East Rand and the president of the student representative council at Mabuya Secondary School.
NPA spokesperson Lumka Mahanjana said: “He was opposed to the apartheid policies, which he used to challenge publicly.”
Mahanjana said Marais and members of the security branch and other units within the SAP met to discuss a plan to kill Nyoka on August 23, 1987.
A plan to raid his home was devised under the then commanding officer Maj Leon Louis van den Berg, who is also charged separately.
“In the early hours of August 24 1987, about 2.30am, Marais, together with Sgt Pieter Stander, Sgt Abram Hercules Engelbrecht and other members of the reaction unit who are also charged separately, arrived at Nyoka’s homestead and stormed is room.
“They found him with three of his friends sleeping. After identifying him, they removed the friends from the room and thereafter proceeded to shoot him nine times. He died on the scene.”
Marais was released on R5000 bail after the guilty plea was read into the record.
Mahanjana said the matter was postponed to January 27 for a psychological report.
In a statement, the Nyoka family, Foundation for Human Rights and Webber Wentzel welcomed the guilty plea and acknowledged the role played by the Hawks and the NPA in advancing the case.
“Marais’ conviction represents an invaluable measure of justice and closure for the Nyoka family, who hope that the forthcoming trial of the remaining accused will proceed without delay,” read the statement.
The NPA welcomed the conviction, which it said reflected their commitment to ensuring accountability for atrocious crimes that were referred to the NPA by the TRC.
“TRC matters, in their nature and due to the very long lapse of time, disintegration of evidence and lack of availability of critical witnesses, are very difficult to investigate and prosecute,” Mahanjana said.
She said the joint TRC team, made up of dedicated investigators from the Hawks and prosecution, will continue to fight the deserving fight against apartheid-related atrocities and bring justice to society.
“This conviction is a significant and impactful outcome, not only for the State and society, but most importantly for the victim’s families.
It brings an important sense of justice and closure,” Mahanjana said.
The head of Hawks Lieutenant-General Godfrey Lebenya lauded the tireless efforts of the investigation and prosecuting teams.
“The DPCI (Hawks) reaffirms its unwavering commitment to ensuring justice for all victims of apartheid-era crimes,” Lebenya said.
Cape Times