Johan Marais, a former apartheid-era police officer, has pleaded guilty to the 1987 murder of student activist Caiphus Nyoka, more than 37 years after the killing. Marais, now 65, appeared in the Gauteng High Court in Pretoria on Tuesday, where he admitted to firing the fatal shots that killed Nyoka, a 23-year-old member of the Congress of South African Students (COSAS), during a police operation in Daveyton, Gauteng.
Nyoka’s murder had long been shrouded in mystery, with an inquest in the late 1980s ruling that the police acted in self-defense, a claim that Marais has now contradicted. In his court plea, Marais described how he and other officers were involved in a premeditated plan to execute Nyoka, who had been a vocal opponent of the apartheid regime.
The Murder Plot
In his plea, Marais detailed how he was called to the Daveyton police station on the night of August 23, 1987, for a briefing about an operation to arrest Nyoka. He stated that Nyoka had been identified by the apartheid-era security forces as a threat due to his activism against the government and his prominent role in student and political movements.
Marais revealed that the operation was planned by a group of officers, including Sergeant Pieter Stander, Major Leon van den Berg, and several members of the Benoni Security Branch. The operation’s goal, as Marais later confessed, was not merely to arrest Nyoka, but to “take him out.”
At approximately 02:30 on August 24, 1987, Marais, Stander, and another officer, Sergeant Abram Engelbrecht, entered Nyoka’s room. Engelbrecht allegedly instructed Marais to kill Nyoka once they were alone with him. Marais then fired four shots, while Stander fired five shots, instantly killing Nyoka, who was unarmed at the time.
“The deceased did not pose a threat when he was shot,” Marais said in court. “The deceased was shot with the intention to kill him as per the planning and the instruction of Engelbrecht. I knew at the time that the intentional killing of the deceased was an illegal act.”
The Inquest and Marais’ Confession
An inquest into Nyoka’s death was held in 1988 and 1989, during which Marais and Stander both testified that they believed Nyoka was armed, with Marais claiming to have seen a weapon in Nyoka’s hand. The inquest ultimately concluded that the police had acted in self-defense. However, Marais’ recent confession directly contradicts this narrative, acknowledging that the killing was a deliberate act carried out under orders from his superiors.
The case resurfaced in 2019 when Marais reportedly confessed to a journalist from Rapport newspaper that he had murdered Nyoka, sparking renewed interest in the case. This admission ultimately led to his formal plea in court.
Trial of Co-Accused
Marais’ guilty plea has brought some closure to the case, but it is not yet over. His co-accused — Major Leon van den Berg, Sergeant Abram Engelbrecht, and Sergeant Pieter Stander — are all expected to stand trial for their roles in the murder. The trial for the remaining accused will begin on November 18, 2024, in the Gauteng High Court in Benoni.
Next Steps and Bail Conditions
Judge Mokhine Mosopa accepted Marais’ guilty plea and found him guilty of one count of murder. The case has been postponed to January 27, 2025, for sentencing, with a psychological report to be submitted in preparation for the hearing.
Marais was granted bail of R5,000, with conditions that he cannot leave South Africa without notifying the authorities. He will also be subject to further legal proceedings, including possible sentencing in the new year.
The admission of guilt in such a high-profile case has raised renewed calls for accountability for crimes committed during the apartheid era. Nyoka’s murder remains a painful reminder of the brutality faced by anti-apartheid activists during a dark chapter of South Africa’s history.