Justice at last for Chaipus Nyoka as apartheid-era cop Johan Marais ‘rots in jail’

Emotional scenes played out in the Gauteng High Court, Pretoria, as apartheid-era policeman Johan Marais was sentenced to 15 years for the murder of Chaipus Nyoka 38 years ago.

The Nyoka family was overcome with emotion while a packed public gallery shouted “rot in jail”.

A defeated-looking Marais on Thursday made his way to the holding cells, while ANC members shouted at him and others sang freedom songs.

Two of Nyoka’s elderly sisters, Sarah Nyoka and Alegria Nyoke, hugged supporters while wiping their tears. Alegria, after sentencing, said that while justice had been done for their brother, she is not sure the family is ready to forgive Marais.

The emotional woman said they have waited 38 years since her brother’s death for justice and to hear what really happened the night he was killed.

“Although our parents died without seeing this day, we have seen it on their behalf and on behalf of our brother who was brutally killed. I think his spirit fought for justice to prevail.”

Asked if they will forgive Marais, she said it's difficult because the manner in which he had apologised to the family – only in January, after he was convicted, sending them a letter of apology – seemed self-serving on his part. 

“If he shows proper remorse and wants to meet with us, telling the entire story, I think that door is open.”

Alegria also called on Marais’ co-accused, who are denying any involvement in the 1987 killing, to follow Marais’ suit and confess.

Marais, however, kept his secret of being one of the people who fired several bullets at the sleeping Nyoka until 2019. After one of his three suicide attempts, he decided to confess to a journalist. This led to his subsequent prosecution.

In sentencing Marais, Judge Papi Mosopa said it is regrettable that it took so long for Marais, 66, to face justice. Over the years, vital evidence in the case had gone missing, which was not due to the National Prosecuting Authority’s fault. The judge, however, admitted that Marais had confessed after all these years and that he had pleaded guilty.

While the defence called for a non-custodial sentence, the judge said he is not convinced that this fitted the crime. He also noted that Marais never partook in the Truth and Reconciliation Commission (TRC) proceedings and that he only in January apologised to the family. The judge said this points to Marais not having true remorse for what he did.

Marais, who was a section leader in Reaction Unit 6 (riot unit) based in Dunnottar at the time of the killing, said Nyoka was regarded as a terrorist and he, together with others, received instructions to arrest him. According to Marais, the apartheid police had received information that Nyoka was going to bomb the Daveyton Police Station the next day.

Judge Mosopa questioned why Marais and another officer fired at close range - less than a metre - at Nyoka, while the order was to arrest him.

He said Nyoka’s death was not only devastating for his family but also for the community. His family said he was a true leader, who was destined to become a politician fighting corruption.

In sentencing Marais, Judge Mosopa called on him to take this time in jail to write a book about his life, as Marais said this was his wish. “You can educate South Africans who are still living in the apartheid past, to embrace democracy,” he told Marais.

He also appealed to him to use this time in jail to reflect and to urge others who were involved in apartheid-era crimes to come forward to confess.

Cape Times