The State and judge express frustration over delay in sentencing of apartheid-era officer
Judge Papi Mosopa expressed disappointment when the defence requested another postponement, saying: “We cannot work like that. It has been five months waiting for the report. We cannot continue like this.”
The State in the case against former apartheid police officer Johan Marais has raised concerns over what it believes are deliberate attempts by the defence to stall sentencing proceedings.
The defence revealed in the Pretoria High Court on April 14, where Marais (65), of Springs, briefly appeared, that a psychological report is still not complete, five months after Marais was found guilty of the 1987 murder of Daveyton student activist Caiphus Nyoka.
Marais, who served under the apartheid-era South African Police, was convicted in November 2024 for his role in the brutal killing of Nyoka after admitting responsibility. This admission led to an early judgment following his plea.
Judge Papi Mosopa expressed disappointment when the defence requested another postponement, saying: “We cannot work like that. It has been five months waiting for the report; we cannot continue like this.”
State advocate Lucas Davhana reminded the court that delays often were prolonged in similar cases where the accused is not in custody.
Davhana argued the delay was unjustified and reiterated the State’s intention to bring an application in terms of Section 342A of the Criminal Procedure Act if the report was not submitted on April 14, as previously indicated.
Judge Mosopa postponed the matter to April 22 and advised the State that they may proceed with the application should the report still be outstanding at the next appearance.
The defence lawyer told the court Legal Aid was not responsible for the delay, and noted they made progress regarding the correctional supervision suitability report, which had already been submitted to the State.
Nyoka was a prominent leader of the Congress of South African Students (COSAS) in Daveyton and the co-ordinator for Transco East Rand. Members of a police unit, allegedly established to “deal” with terrorism, fatally shot him.
During court proceedings in November, Marais’ attorney read a statement detailing how he unlawfully and intentionally killed Nyoka by shooting him with a firearm.
“The deceased was opposed to the apartheid government and frequently challenged its discriminatory policies. His involvement in educational and local politics identified him as a threat to the apartheid regime,” the statement read.
The trial of Marais’ co-accused, Leon Louis van den Berg, Abram Hercules Engelbrecht, and Pieter Stander, also former apartheid police officers, continues in May in a High Court sitting at the Benoni Magistrate’s Court.
Also Read: UPDATE: Psychological report delays case against apartheid cop
Also Read: Caiphus Nyoka murder trial: Apartheid cops plead not guilty
