By KEDIBONE MOLAETSI
10 July 2025- A former Section Leader of the Reaction Unit 6 in Dunnottar, Johan Marais (66) was sentenced to 15 years imprisonment by the Gauteng High Court sitting in Pretoria. This comes after Marais pleaded guilty and was convicted of premeditated murder of Caiphus Nyoka.
The National Prosecuting Authority (NPA) regional spokesperson in Gauteng, Lumka Mahanjana said at the time of his death, Caiphus Nyoka was a student activist and a member of the Congress of South African Students (COSAS). Mahanjana said he was also the organiser for the South African Youth Congress Organiser (SAYCO) in the East Rand, as well as the president of the Student Representative Council (SRC) at Mabuya High School.
“He was fiercely opposed to the apartheid policies and used to challenge them publicly. On the evening of 23 August 1987, Marais and some of the members of the security branch and other units within the South African Police, met to discuss a plan to kill Nyoka.
“A plan to raid his home was devised under the then commanding officer, Major Leon Louis van den Berg, who is also charged separately,” said Mahanjana.
She further said in the early hours of 24 August 1987 at about 2:30am, Marais, together with Sergeant Pieter Stander, Sergeant Abram Hercules Engelbrecht and other members of the Reaction Unit, who are also charged separately, arrived at Nyoka’s homestead and stormed Nyoka’s room. Mahanjana added that they found him sleeping with three of his friends.
“After identifying him, they removed the friends from the room and proceeded to shoot him 9 times. He died on the scene because of multiple gunshot wounds. During the sentencing arguments, Marais told the court that he committed the offence 37 years ago under the instructions of the apartheid regime.
“He further asked the court for a sentence of correctional supervision because of his age, medical condition, and that he showed remorse for his actions,” she said.
Mahanjana said, however, the team of prosecutors, advocate Esther Dlelwani Kabini, advocate Daniel Desi Mogotsi and advocate Vhulahani Lucus Nesengani Davhana, asked the court to impose a stringent sentence and argued that Marais, together with his co-perpetrators who are still standing trial for the same matter at the Gauteng High Court sitting in Benoni, committed a serious offence of a planned brutal killing of Nyoka. She said they targeted him, isolated him from the friends he was with and killed him execution style while half naked, sleeping in his bed.
“Furthermore, the team argued that the fact that Marais pleaded guilty does not show true remorse because even after 37 years, he still has not apologised to the family,” said Mahanjana.
When handing down the sentence, Judge Papi Mosopa agreed with the state that Marais lacked genuine remorse. Mosopa said he only wrote the letter to the family as a mitigating factor.
“Therefore, I found that the sentence given was fitting for the crimes committed,” he said.
Meanwhile, Mahanjana said the sentence reflects the NPA and the Directorate for Priority Crime Investigation’s (DPCI) commitment to ensuring accountability for atrocious crimes that were referred to the NPA by the TRC. Mahanjana said TRC matters, in their nature and due to the very long lapse of time, disintegration of evidence and lack of availability of critical witnesses, are very difficult to investigate and prosecute.
“However, because of the dedicated team of prosecutors and the DPCI Investigator, Lieutenant Colonel Petrus Cornelius Beukman, the NPA secured its first sentence in the High court on TRC matters.
“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,” she said.
The Guardian 