The Pretoria High Court delivered a historic 15-year prison sentence today (10 July) to former policeman Johan Marais, for the 1987 murder of anti-apartheid activist Caiphus Nyoka, marking the first High Court conviction for crimes referred by the Truth and Reconciliation Commission.
The sentencing of 66 year old Johan Marais represents a significant milestone in South Africa’s ongoing pursuit of justice for apartheid-era atrocities. High Court Judge Papi Mosopa emphasized that Marais showed no genuine remorse for his actions, justifying the lengthy sentence as necessary “retribution” for the brutal killing.
Caiphus Nyoka, a member of the Congress of South African Students (COSAS), was murdered in 1987 in a township east of Johannesburg in what prosecutors described as an execution-style killing while he slept half-naked in his bed.
Defense arguments rejected by court
During sentencing arguments, Marais attempted to secure a lighter penalty by claiming he committed the offense 37 years ago under instructions from the apartheid regime. The former policeman requested correctional supervision, citing his advanced age, medical condition, and claimed remorse for his actions.
However, Judge Mosopa rejected these arguments, agreeing with prosecutors that Marais lacked genuine remorse. The judge noted that Marais had only written a letter to the victim’s family as a mitigating factor and had never formally apologized to them, even after 37 years.
Prosecution details brutal nature of the crime
The prosecution team painted a disturbing picture of the 1987 murder, arguing that Marais and his co-perpetrators committed a serious offense involving the planned, brutal killing of Nyoka. Prosecutors emphasized that the officers deliberately targeted the student activist, isolated him from the three friends he was sleeping with, and executed him while he was vulnerable and defenseless.
According to court records, Nyoka was shot nine times during the police raid, ultimately dying from multiple gunshot wounds in what authorities characterized as an execution-style killing.
Co-perpetrators still facing trial
The case against Marais forms part of a broader prosecution effort, with his co-perpetrators currently standing trial for the same matter at the Pretoria High Court sitting in Benoni. This ongoing legal action demonstrates the continued pursuit of justice for apartheid-era crimes decades after they were committed.
First High Court sentence for TRC matters
This conviction represents a watershed moment as the National Prosecuting Authority’s (NPA) first High Court sentence in cases referred by the Truth and Reconciliation Commission. The achievement reflects the dedicated work of prosecutors and the Directorate for Priority Crime Investigation (DPCI), particularly Lieutenant Colonel Petrus Cornelius Beukman.
The successful prosecution overcame significant challenges inherent in TRC matters, including the lengthy passage of time, disintegration of evidence, and lack of available critical witnesses that typically make such cases extremely difficult to investigate and prosecute.
Truth and Reconciliation Commission legacy
The conviction stems from cases referred by South Africa’s Truth and Reconciliation Commission (TRC), established in 1996 to address crimes committed under apartheid rule. The TRC processed approximately 7 000 amnesty applications from perpetrators of gross human rights violations between 1960 and 1994, when white-minority rule officially ended.
However, successful prosecutions from TRC referrals have been extremely rare, making Marais’s conviction particularly significant for victims’ families and South African society.
Emotional courtroom scenes
The courtroom erupted in celebration following the verdict, with more than a dozen supporters wearing T-shirts bearing Nyoka’s image breaking into traditional anti-apartheid songs to commemorate the long-awaited justice.
The National Prosecuting Authority (NPA) hailed the sentence as a crucial step in “ensuring accountability for atrocious crimes” identified by the Truth and Reconciliation Commission.
“This sentence reflects the NPA and the Directorate for Priority Crime Investigation’s commitment to ensuring accountability for atrocious crimes that were referred to the NPA by the TRC,” the authority stated.
“This sentence is therefore significant and impactful, not only for the state and society, but most importantly for the victims’ families to finally find closure. The NPA is resolute in ensuring prosecution and justice for the victims’ families.”
