The long battle for justice in the murder of student activist Caiphus Nyoka has taken a decisive turn.
The Gauteng High Court, Pretoria sitting at Benoni Magistrates’ Court, has dismissed an application by two accused, Major Leon Louis van den Berg and Sergeant Abraham Hercules Engelbrecht, who sought to be discharged, arguing the State had no case against them.
Nyoka, a Congress of South African Students (COSAS) member, was shot dead in his home on 24 August 1987, after months of harassment by the apartheid security police. Despite his family’s insistence that he was unarmed, an inquest in 1988 ruled that officers had acted in self-defense.
But decades later, the Truth and Reconciliation Commission (TRC) uncovered disturbing evidence, concluding that Nyoka had been executed in cold blood. No amnesty applications were ever filed, leaving the case unresolved until 2019, when former security branch officer Johan Marais admitted in a media interview that he had murdered Nyoka.
Renewed pressure, formal charges
Marais’ confession reignited public calls for accountability. Advocacy groups, including the Foundation for Human Rights and Webber Wentzel’s Pro-Bono Department, pressured the National Prosecuting Authority (NPA) to act. Three years later, formal charges were filed against Marais and his co-accused.
Prosecutors alleged that Van den Berg, Engelbrecht, and retired Sergeant Pieter Stander plotted Nyoka’s murder the night before the raid. In the early hours of 24 August 1987, members of the Reaction Unit stormed his bedroom, identified him, removed his friends, and shot him nine times. He died at the scene.
At trial, the State presented testimony from five witnesses, including Nyoka’s sisters, a TRC researcher, and the investigating officer. When the prosecution rested its case, Van den Berg and Engelbrecht argued there was no case to answer. The court disagreed, denying their application for discharge. Van den Berg opted to remain silent, closing his case.
The trial continues, with Engelbrecht and Stander set to present their defense from 8–19 September 2025. Meanwhile, Marais, already convicted, awaits sentencing on 5–6 June 2025.
A crucial step in the fight for justice
“This court outcome is encouraging as the State overcomes the first hurdle presented by the defense to prevent the trial from proceeding,” said NPA Gauteng spokesperson Lumka Mahanjana in a statement. “The State will continue to put forward a formidable case to ensure that justice is served against such atrocities of the apartheid era.”
For Nyoka’s family, the ruling is a hard-fought victory after decades of unanswered questions.
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