By Lehlohonolo Lehana.
A self-confessed apartheid killer policeman Johan Marais was imprisoned for 15 years for gunning down the 23-year-old East Rand activist, Caiphusa Nyoka in cold blood almost 38 years ago.
Marais, 66, Koevoet and Reaction Unit veteran joined the police at the age of 16.
This is the first success in a new slew of trials of former apartheid security force members to have committed gross human rights violations — but left untried for two decades in the wake of the Truth and Reconciliation Commission (TRC).
He pleaded guilty to the crime. However, his co-accused, Louis van den Berg and Abraham Engelbrecht, maintained their innocence.
The sentence was handed down by judge Mokhine Mosopa:
Judge Mosopa recounted her testimony: “After the death of the deceased, his body was taken without them being informed where his body was taken to. They only saw by the pool of blood on the bed he was sleeping on in the morning, at approximately 5 or 6 [am].”
Mosopa said the sentence is intended to serve the purpose of deterrence and retribution.
“In the clinical psychologist report, you indicated that you want to write a book about your life after completion of your trial matter, and the time has now arrived. You will use the time to write the book and detail your involvement in the killing of the deceased.”
“Also use your time and the book to educate South Africans, who are still living in the racist past, to embrace democracy and learn to live side-by-side with their fellow countrymen. It’s unfortunate that the political heads of your time are not standing trial today, who are responsible for promulgating draconian and racist laws that led you to behave in the manner that you did 37 years ago.”
Mosopa told Marais that he would help the state in its case against his co-accused.
“I hope you will use the opportunity to reflect, and hopefully you will change your mind and testify on behalf of the state in the matter pertaining to your former colleagues.”
Nyoka’s case was presented before the Truth and Reconciliation Commission (TRC) in 1997.
He was the leader of the student movement, the Congress of the South African Students (Cosas).
The National Prosecuting Authority (NPA) Gauteng spokesperson Lumka Mahanjana has welcomed the sentencing.
“This is the first sentence that has been handed down at the high court in relation to TRC matters, in the hope that this sentence will set a precedent for all other cases to come that are related to TRC cases.”
In April, President Cyril Ramaphosa announced he was in the process of establishing a commission of inquiry to establish where measures were made to prevent the investigation or prosecution of apartheid era crimes.
This followed a High Court application by the families and survivors of apartheid atrocities seeking constitutional damages for the government’s failure to investigate and prosecute apartheid-era political crimes.