Apartheid cop says he ‘might only live for five years’ as Nyoka murder sentencing is delayed

Engelbrecht told the court he is living with cardiomyopathy, a serious condition that is likely to shorten his life.


One of the men convicted of murdering anti-apartheid student activist Caiphus Nyoka stunned the High Court in Pretoria when he declared that he has only five years left to live.

The sentencing of former apartheid sergeants 63-year-old Hercules Engelbrecht and 60-year-old Pieter Stander was scheduled to start at the Pretoria High Court sitting in Benoni on Monday, 21 July 2026.

Premeditated murder

The duo were found guilty of the premeditated murder of Nyoka on 02 December 2025.

The High Court found that the state proved its case beyond reasonable doubt in respect of Engelbrecht and Stander.

Engelbrecht and Stander’s verdict follows the earlier guilty plea by former officer Johan Marais. Marais received a 15-year sentence for his involvement.

Five years to live

During the appearance, Engelbrecht, through his legal representative, brought an application for the postponement of the sentencing proceedings because he is suffering from ill health.

His lawyers argued he requires further medical examinations before sentencing can proceed, saying a prognosis from one of his doctors indicated he “might only live for five years”.

Engelbrecht told the court that he was living with cardiomyopathy, a serious illness that is likely to shorten his life.

Medical tests

National Prosecuting Authority (NPA) spokesperson Tshegofatso Makhudu said the court ordered that Engelbrecht complete his medical tests by September and be ready to make submissions ahead of sentencing in November.

“As such, he needs to consult with a specialist before sentencing proceedings could commence, as well as obtain a pre-sentence report from Correctional Services.”

Postponement

The state also brought an application for leave to appeal the acquittal of the former commanding officer, 75-year-old Major Leon Louis van den Berg.

During the trial, Van den Berg’s attorney contended that there was no evidence linking his client to the killing or any planning thereof, saying the State had failed to prove beyond a reasonable doubt that he was involved in the murder or shared a common purpose.

In his judgment on Monday, Mohamed granted the application for postponement of sentencing proceedings to 9 to 13 November 2026.

“However, with regard to the leave to appeal application brought by the state, the judge reserved judgment and said that it will be sent to the state and the legal representatives of the two former apartheid police officials in due course,” Makhudu said.

At the time of his death, Nyoka was a student activist and a member of the Congress of South African Students (Cosas).

Murder

On the evening of 23 August 1987, Engelbrecht and Stander, both members of the Reaction Unit 6, together with Marais, a former section leader, and some of the members of the security branch and other units within the South African police, allegedly met to discuss a plan to kill Nyoka.

A plan to raid his home was allegedly devised under the then-commanding officer, Van den Berg, and other Reaction Unit members (charged separately) arrived at about 2.30am at Nyoka’s homestead and stormed his room.

They allegedly found him asleep with three of his friends. After identifying him, they allegedly removed the friends from the room and thereafter proceeded to shoot him nine times. He died on the scene as a result of multiple gunshot wounds.