Justice for Caiphus Nyoka after 30 years as Pretoria court convicts former police officers

“JUSTICE delayed is never justice denied” was the belief that maintained the resolve of anti-apartheid activist Caiphus Nyoka’s family in their quest for justice. 

The 30-year long wait finally came to an end on Tuesday when the Pretoria High Court found apartheid police officers Sergeant Abraham Hercules Engelbrecht (61), and Sergeant, Pieter Stander (60), guilty of Nyoka’s premeditated murder.

Former commanding officer, Major Leon Louis Van Den Berg (75) was acquitted on the charges.  In July, a fourth accused, Johan Marais, a former police officer of the East Rand Reaction Unit, pleaded guilty and was sentenced to 15 years’ direct imprisonment. 

Nyoka was a student activist and a member of the Congress of South African Students (COSAS) when he was shot dead in 1987. 

Detailing the events of August that year, Gauteng NPA spokesperson, Lumka Mahanjana said: “The two who were members of the Reaction Unit within the South African Police Service (SAP) met to discuss a plan to kill Nyoka. A plan to raid his home was devised. In the early hours of 24 August 1987 at about 2.30am, Stander and Engelbrecht and other members of the Reaction Unit who are also charged separately, arrived at Nyoka’s homestead and stormed his room. 

“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. He died on the scene as a result of multiple gunshot wounds.” 

Speaking to the Cape Times on Wednesday, Nyoka’s niece, Nation Nyoka described her late uncle as an “altruistic lover of life who was remarkably ambitious”. 

“He was also incredibly brave and a strong advocate for being on the right side of history, even when it wasn’t popular, using his sway and influence to gently convince others of the dangers of apartheid. From a young age, he was aware of socio-economic injustices and spoke up about them. It’s a pity he never got to live out his dreams as he would’ve undoubtedly made a much-needed positive contribution to the deeply troubled political landscape we find ourselves in now.” 

She said the family were still coming to terms with the judgment. 

“We are satisfied with the judgment, but still applying our minds to the judgment particularly in relation to Major Van Den Berg who was acquitted. Although we cannot prescribe the sentence, we certainly hope it is higher than that of Marais as the two accused did not plead guilty, unlike him despite full awareness of their unlawful actions against a defenceless man in 1987," Nation Nyoka said. 

"The most unfortunate part of the outcome is that my grandparents are not alive to see this victory, despite the unrelenting dedication they showed to disproving false narratives about uncle Caiphus and the circumstances surrounding his death. My grandfather was particularly heartbroken that he was unable to protect his son in his own home, leading to his death only five years after he was assassinated. My grandmother who lived slightly longer, was also never the same after his death.

“What happened in the dark was always bound to reveal itself, regardless of whether the perpetrators were ready for that or not. Now we look to the Kampepe Commission for more information and hope for the best for other families that are still in the dark about the circumstances surrounding the deaths and disappearances of their loved ones.” 

The convictions gave the family a sense of relief for the grief they’ve lived with, as Marais’ case was the first prosecution of apartheid-era crimes in democratic South Africa.

Cape Times