Supporters gather in court to show solidarity during the sentencing of Johan Marais for the murder of anti-apartheid activist Caiphus Nyoka. Emotions run high as the community seeks justice for the past.
By Thulane Madalane
Benoni – On Thursday, the Pretoria High Court delivered a significant verdict, sentencing Johan Marais, a former police officer attached to Reaction Unit 6 in Dunnottar, to 15 years of direct imprisonment for the 1987 murder of Caiphus Nyoka, a notable anti-apartheid activist and student leader. Nyoka was widely recognized for his activism as a member of the Congress of South African Students (COSAS), the South African Youth Congress (SAYCO), and as the President of the Student Representative Council at Mabuya High School in Daveyton, Benoni.
In 1987, Marais held the rank of Sergeant and served as a section commander within his unit. He did not apply for amnesty from the Truth and Reconciliation Commission (TRC) in relation to Nyoka’s murder. Under the Promotion of National Unity and Reconciliation Act, crimes from the apartheid era that were not granted amnesty by the TRC must be investigated for potential prosecution. During a TRC hearing on February 5, 1997, Nyoka was officially recognized as a victim of gross human rights violations, largely due to a substantial submission made by his eldest sister, Alegria Nyoka. This submission included vital records, affidavits, and newspaper clippings that detailed the circumstances surrounding her brother’s death, gathered by their late father, Moses Nyoka, before his passing.
The Nyoka family, supported by the Foundation for Human Rights (FHR) and the Public Interest Law department at Webber Wentzel, welcomed the court’s ruling, viewing it as a historic step towards justice and healing for victims of apartheid-era crimes. The National Prosecuting Authority (NPA) also welcomed the 15-year sentence, highlighting its significance as the first sentence for a TRC-related matter secured in the High Court. The NPA emphasized its unwavering commitment to ensuring accountability for apartheid-era atrocities and providing closure to victims’ families.
In his judgment, Judge Mokhine Mosopa reminded the court and the public that the policies of apartheid constituted a crime against humanity, inflicting profound harm not only on the Nyoka family but also on the broader South African populace suffering under oppressive laws. The judge expressed skepticism regarding Marais’s understanding of the consequences of his actions, asserting that Nyoka’s right to life was ruthlessly taken in defense of the apartheid regime.
Judge Mosopa further noted that Marais had not been forthright in his testimony and found his expressions of remorse to be insincere. The judge highlighted Marais’s numerous opportunities over the past three decades to come forward and disclose the truth, none of which he seized, including never having reached out to the Nyoka family to apologize for the harm he caused. Furthermore, Marais declined to cooperate with the State during the trial of his co-accused.
In handing a custodial sentence aimed at deterrence and retribution, Judge Mosopa urged Marais to reflect on his role in Nyoka’s death while in prison. He encouraged Marais to use his time incarcerated to educate others about South Africa’s racist past and to motivate fellow police officers involved in apartheid-era crimes to come forward and share the truth.
The Nyoka family expressed their appreciation for the sentencing, interpreting it as closure after a lengthy 37-year pursuit of justice. Siblings Alegria, Sarah, Nkateko, Jobia, Mothasi, and Titus recounted the bittersweet nature of the verdict, lamenting that their parents passed away without knowing the details surrounding their son’s murder. Alegria Nyoka poignantly stated, “I think his spirit fought for justice… so we are happy that eventually one of the killers confessed and today [has] been sentenced.”
The Nyoka family’s unwavering determination and the continued support of the FHR and Webber Wentzel resulted in the indictment of Nyoka’s killers in 2022 and 2024. After pleading guilty to murder on November 12, 2024, Marais’s conviction was finalized with his recent sentencing.
Attention now turns to the upcoming trial of Marais’s co-accused—Leon Louis Van Den Berg, Abram Hercules Engelbrecht, and Pieter Egbert Stander—set to resume at the Benoni Magistrates’ Court from September 8 to 19, 2025. Despite Marais’s guilty plea, Alegria Nyoka expressed concerns that he may not have disclosed the full story regarding her brother’s murder. She stated, “The way it has happened, it is difficult for us to forgive a person who it looks like he was trying to work things to be in his favour, but it didn’t look like he was remorseful. If he extends proper remorse and wants us to meet with him to tell us the whole story, maybe there are certain things he didn’t divulge. I think that door is still open.”
Lucas Shabalala, Chairperson of the African National Congress (ANC) in Daveyton, expressed relief at the verdict, calling it a long-overdue step toward justice. He stated, “We also want to see justice for other outstanding families. There are three outstanding suspects in Benoni [Magistrates’ Court] and we are also expecting the same thing. We know that some people were crying, and until now they have not received justice; we are saying to them, they must stand up. We are here to assist them and fight these criminals.”
Marais’s sentencing stands as a pivotal acknowledgment of the injustices suffered during apartheid, fostering hope for continued accountability and healing within South African society.
