After nearly four decades of longing for justice, the family of slain anti-apartheid activist Caiphus Nyoka finally breathed a sigh of relief on July 10, as former apartheid-era police officer Johan Marais was sentenced to 15 years in prison for his murder.

Overcome with emotion, members of the Nyoka family broke down in tears in a packed courtroom at the Pretoria High Court. The public gallery, filled with ANC supporters and activists, erupted in song and shouted ‘Hamba’, meaning ‘Go’, as Marais, visibly shaken and holding a plastic bag, was led down to the holding cells.

Delivering the sentence, Judge Papi Masopa condemned the brutality of the apartheid regime. He acknowledged that although there had been an instruction to kill, it was unlawful.

“It is unfortunate that the political heads of your time are not standing trial today, those who propagated racist laws that led you to act the way you did. What happened in the 1980s, related to police brutality, must not be repeated in our democracy.”

He said evidence accepted by the State shows that the murder was committed by a group of people who acted with common purpose.

“It is difficult to make a finding that the murder was premeditated or planned, but I find it difficult to understand how an operation to arrest an individual could involve such a high number of police officers from different units if their intention was not to kill.”

Masopa also reflected on the Truth and Reconciliation Commission (TRC).

“Fast forward into democracy and, in the spirit of the Constitution, TRC proceedings were initiated, where murderers of the apartheid era were given an opportunity to disclose their evil past in return for indemnity from prosecution. But the accused did not participate in that process, despite being fully aware of it.

“Only in 2019, after attempting to commit suicide, did the accused decide to approach a journalist and disclose his past. The evidence does not indicate what led to this change of heart.”

Masopa said the accused wrote a letter of apology to the family on January 13, 2025, after pleading guilty on November 12, 2024, suggesting the apology formed part of his mitigation strategy.

“The surrounding circumstances do not indicate genuine remorse. He had over 20 years to disclose what he did in 1987. I’m not persuaded that the accused truly appreciates the consequences of his actions. The death of the deceased not only negatively impacted his family, but also the community he served as a student activist. His parents died before ever finding closure,” said Masopa.

Speaking outside the courtroom, Nyoka’s elderly sister, Alegria Nyoka, said they are pleased that after 38 years, justice has finally prevailed.

“My brother’s spirit has fought for this moment. The way things happened, it’s difficult to forgive him because it seemed like he was crying to gain sympathy and make things work in his favour; he didn’t appear genuinely remorseful,” said Alegria.

Marais had pleaded guilty to the 1987 murder of Caiphus Nyoka, a prominent leader of the Congress of South African Students (COSAS) in Daveyton and co-ordinator for the Transvaal Congress (Transco) East Rand. He was fatally shot on August 24, 1987, by members of a special police unit allegedly formed to crack down on so-called “terrorists”.

Marais’s conviction follows his confession and guilty plea, which led to an early judgment. However, the trials of his co-accused, Leon Louis van den Berg, Abram Hercules Engelbrecht and Pieter Stander, all former apartheid police officers, continue.

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