COURT DISMISSES SECTION 174 APPLICATION IN THE CAIPHUS NYOKA TRC CASE.
23 MAY 2025
COURT DISMISSES SECTION 174 APPLICATION IN THE CAIPHUS NYOKA TRC CASE.
The Pretoria High Court sitting in Benoni dismissed the Section 174 application of the Criminal Procedure Act 51 of 1977 brought about by accused number 1, a former commanding officer Major, Leon Louis Van Den Berg (75) and accused number 2 a former Sergeant, Abraham Hercules Engelbrecht (61), that the two accused should be discharged of their offences because the state had no case against them.
The two, together with their co-accused, former Sergeant, Pieter Stander (60) are facing a charge of murder for allegedly killing a student activist and a member of the Congress of South African Students (COSAS) Caiphus Nyoka.
It is alleged that in the evening of 23 August 1987, the three who were members of the Reaction Unit within the South African Police Service met to discuss a plan to kill Nyoka. A plan to raid his home was devised, under the commanding officer Major van den Berg. In the early hours of 24 August 1987 at about 02h30, Stander and Engelbrecht and other members of the Reaction Unit who are also charged separately, arrived at Nyoka’s homestead and stormed Nyoka's room. They found him sleeping with three of his friends. After identifying him, they removed the friends from the room and thereafter proceeded to shoot him 9 times. He died on the scene as a result of multiple gunshot wounds.
During the trial, the state called 5 witnesses, two Caiphus Nyokas sisters, Alegria and Mothasi Nyoka, Gugulakhe Exodus Nyokane one of the three friends Nyoka was with on the night of the incident, an expert witness who was the TRC researcher DR Rousseau and the Investigating officer of the case Liutenant Colonel Beukman. After the 5 witnesses testified the state closed its case. Thereafter accused no 1and 2 brought a section 174 application claiming that the state had no case. After the court dismissed their application, accused number 1 opted to remain silent and closed his case.
The matter was postponed to 8-19 September 2025 for defense case of accused number 2 and 3. The case against the former Section member of the Reaction Unit 6 in Dunnottar, Johan Marais (65), who was charged and convicted for the same offence was postponed to 5& 6 June 2025 for sentencing proceedings.
This court outcome is encouraging as the State overcomes the first hurdle that was presented by the defense in order to prevent the trial from proceeding. The State will continue to put forward a formidable case to ensure that justice is served against such atrocities of the apartheid era.
Issued by:
Lumka Mahanjana
NPA Regional Spokesperson
Gauteng Division: Pretoria
073 002 0000
Lmahanjana@npa.gov.za