Tears of joy as Nyoka family sees justice 38 years later
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.
Also Read: Caiphus Nyoka murder trial: Apartheid cops plead not guilty
Also Read: Slain Caiphus Nyoka honoured at wreath-laying ceremony
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IOL News
an hour ago
- IOL News
Another commission, no accountability: Ramaphosa plays for time while institutions burn
Zohra Teke critiques President Cyril Ramaphosa's lack of urgency in addressing serious police corruption allegations, questioning the effectiveness of his response and the implications for public trust. Image: GCIS President Cyril Ramaphosa really needs some lessons on how he engages with us during these family meetings. South Africans were hyped up, heightened anxiety - predictably so, given the serious allegations by KwaZulu-Natal Police Commissioner, Nhlanhla Mkhwanazi alluding to capture of our judiciary and police by drug cartels, corrupt businessmen, dodgy politicians and state entities. And that our national Police Minister, Senzo Mchunu had a finger or hand in it somehow. Ramaphosa delivered the expected outcome, in typical Ramaphosa fashion. Deflated, neither shaken nor stirred and emotionally spent. No oomph and no presidential urgency in delivery. Just a 12 minute prompt reader announcing Mchunu to take 'special leave' while a commission of enquiry investigates Mkhwanazi's allegations. That's it. Badabing badaboom. 12 minutes done and dusted. Another much loved ANC project - commission of inquiry to the rescue of brand reputation. No mention of the term for this commission of inquiry - a critical oversight. Ramaphosa also chose a fellow comrade, an ANC veteran to step in as acting police minister - lawyer and politician Firoz Cachalia. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ An astute and respected cadre nut an odd choice, given he lacks any track record in state police but perhaps that may be a good thing, who knows. But South Africans expected more. The Zondo commission of inquiry into state capture has not led to a single arrest. Out of that report emerged our president promising an end to corruption, a new dawn and a country which will 'emerge from a dark and difficult period'. The Zondo report also raised some of the same concerns flagged by Mkhwanazi. Promises were made to fix those state entities, to strengthen levels of governance. Yet, here we are, in a very dark and difficult period again. Echoes of the past. Ramaphosa is a billionaire. He doesn't need to grease his hands. But he is fiercely protective of brand ANC. He is also fiercely loyal to his inner circle. And Mchunu being one of them. But he had no choice. He had to calm public anger and neutralise opposition clamour. Ramaphosa heeded the call for a commission of inquiry and suspended Mchunu - even if he called it 'special leave' - tomatoes, tomatos, same difference. 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He read out Whatsapp texts and detailed - with specific references to dates, examples of what he claimed, was interference by Mchunu. Given all that, why did Ramaphosa not call on Mkhwanazi to produce proof of his allegations? Call him in, have that conversation. Would that have saved us from another wasteful expense of a commission of inquiry? If Mkhwanazi did accept that offer and met with Ramaphosa, produced the receipts, so to speak, and if the proof is there - Mchunu would have had no choice but to resign. Ramaphosa is no fool. He is a strategist. A commission of inquiry gives the ANC time to cushion any blows to the brand if Mchunu is found guilty of any wrongdoing. It's true that Mchunu has been tried in the court of public opinion since Mkhwanazi's claims. Mchunu's denial seems to have made little difference. Its either that Mkhwanazi's popularity or that he has the audacity to name Mchunu publicly in wrongdoing - and a timeline of evidence. Interestingly, while those implicated by Mkhwanazi have denied his allegations - including Mchunu, further hint that Mkhwanazi has a trove of evidence to back up his allegations came from another popular South African figure, Gift of the Givers founder, Dr Imtiaz Sooliman. Just three days ago, the good doc says he spoke to Mkhwanazi. "It didn't take more than one minute for me to realize this man knows exactly what he's talking about. He's taken it to the Portfolio committee, to ANC branches, he told me a lot and that's why I'm prepared to back him," says Sooliman. That gives serious no smoke without fire vibes. Ramaphosa should have just settled this the African way. A meeting with Mkhwanazi. And this should have happened months ago when Mkhwanazi sounded the alarm says Sooliman - but nobody listened. Until Mkhwanazi turned public whistle-blower. Now, the horse has bolted. And a commission of inquiry is likely to expose what South Africans fear, another state capture. Its never left. Same game, new players. Tomatoes, tomatos. ** Zohra Teke is an independent writer and journalist. *** The views expressed here do not necessarily represent those of Independent Media or IOL IOL Opinion Zohra Teke. Picture: Independent Newspapers Image: IOL
IOL News
3 hours ago
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The role of the police in governance, democracy, and safety
Given the high rates and complexity of crime in South Africa, the establishment of a robust, well-equipped, and professional detective service within SAPS is not just advisable - it is imperative, says the weriter. Image: File THE effectiveness of a police service is a cornerstone of any stable and democratic society. Beyond enforcing laws, the police embody the social contract between the state and its citizens, where law and order are maintained in exchange for the protection of individual rights and freedoms. In a nation like South Africa, which has undergone a profound political transformation from apartheid to a constitutional democracy, the South African Police Service (SAPS) is more than just a law enforcement body - it is a guardian of the democratic ideals enshrined in the Constitution. The Constitution of the Republic of South Africa, particularly Chapter 2, known as the Bill of Rights, provides the foundational framework for these ideals, and at the heart of this legal framework is the right of every person to live in a safe and secure environment. This constitutional right to security is not merely aspirational; it imposes an active and binding obligation on state institutions, especially SAPS, to protect the public and uphold justice. It is within this broader mandate that SAPS operates - tasked not only with fighting crime, but with promoting social stability, protecting human dignity, and ensuring equality before the law. The SAPS, therefore, becomes a vital instrument through which the promises of the Constitution are realised, and through which public trust in the state is either reinforced or eroded. Video Player is loading. 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Advertisement Next Stay Close ✕ Ad loading The constitutional mandate of SAPS Under the democratic Constitution of South Africa, SAPS plays a critical role in advancing the objectives of a just and equitable society. Section 205 of the Constitution states clearly that the objects of the police service are to prevent, combat and investigate crime; to maintain public order; to protect and secure the inhabitants of the Republic and their property; and to uphold and enforce the law. These constitutional functions go beyond the traditional view of policing as mere crime fighting; they reflect a deep commitment to human rights, justice, and democratic accountability. Importantly, these functions must be performed in a manner that respects the rights of individuals and communities, promotes transparency, and is responsive to the needs of the population. 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Citizens in many parts of the country live under the constant threat of violent crime, including murder, assault, sexual violence, and armed robbery. Property crimes, fraud, and organised criminal activities such as human trafficking and illicit trade also continue to pose significant challenges. These realities underscore the critical need for a professional and capable police service that can investigate and resolve crimes efficiently and justly. The need for a strong detective service One of the most pressing areas within SAPS that requires urgent reform and strengthening is the detective and investigative service. The ability to investigate crimes effectively is central to the delivery of justice. Without thorough investigations, crimes go unsolved, perpetrators remain at large, victims are denied justice, and public trust in the criminal justice system is diminished. Detectives are the bridge between the occurrence of a crime and the eventual prosecution of the offender. Their work is critical to ensuring accountability and deterring further criminal behaviour. Given the scale and complexity of crime in South Africa, the current detective services are often overstretched and under-resourced. Many cases remain unresolved due to capacity issues, lack of training, insufficient tools, or procedural errors. As a result, conviction rates suffer, and communities lose faith in law enforcement. The establishment and expansion of a well-resourced, technically skilled, and strategically managed detective division within SAPS would significantly improve the overall effectiveness of the police service. This detective service should not only be well-staffed but also be equipped with state-of-the-art investigative technologies, including digital forensics, surveillance tools, data analysis software, and access to national and international crime databases. Detectives should receive continuous professional development and training in areas such as crime scene management, evidence handling, interviewing techniques, and investigative ethics. Specialisation should be encouraged to deal with particular forms of crime, such as cybercrime, financial fraud, narcotics, and human trafficking. Enhancing investigative capacity: a multi-level approach Strengthening detective services must be approached holistically, involving not only increased financial investment but also institutional reform and strategic planning. First, recruitment and selection processes should be refined to ensure that individuals with the appropriate qualifications, aptitude, and integrity are chosen for detective roles. Transparency in selection, accompanied by merit-based promotion systems, will help cultivate a culture of professionalism and accountability. Second, infrastructure and logistical support must be improved. Many detective units currently operate in substandard conditions, lacking vehicles, office equipment, or even basic supplies. These limitations hinder investigations and demoralise personnel. Equipping detective branches with the necessary tools is a prerequisite for effective performance. Third, cooperation between SAPS and other parts of the criminal justice system - such as the National Prosecuting Authority, judiciary, and forensic laboratories - must be strengthened. Inter-agency collaboration ensures that investigations are conducted efficiently and that evidence is processed and presented effectively in court. Furthermore, stronger ties with community-based structures can provide detectives with critical local knowledge, support, and trust. Fourth, the ethical conduct of detectives must be a non-negotiable standard. Corruption, abuse of power, and misconduct within investigative units not only compromise the legitimacy of the police but also allow criminal networks to flourish. Robust oversight mechanisms, internal accountability structures, and public reporting tools can help monitor performance and uphold ethical standards. Social and psychological dimensions While crime is often viewed as a legal issue, it also has profound social and psychological dimensions. High crime rates create environments of fear and trauma, especially in communities that are already vulnerable due to poverty, inequality, and historical marginalisation. Effective detective work - by bringing perpetrators to justice and ensuring victims are heard and supported - can contribute to healing and reconciliation in affected communities. Moreover, visible justice plays a critical symbolic role. When people see that crimes are being properly investigated and that offenders are held accountable, they are more likely to trust the police and the justice system. This trust, in turn, encourages greater cooperation with law enforcement, improved community-police relations, and ultimately, more effective crime prevention. Crime prevention through justice A functional and respected detective service contributes directly to crime prevention. This may seem counterintuitive - detectives operate after crimes have been committed, while prevention focuses on reducing the occurrence of crime. However, the relationship between justice and prevention is well established. When potential criminals observe that crimes are consistently solved and punished, the perceived risk of offending increases, which acts as a powerful deterrent. Additionally, many crimes - especially those committed by organised criminal groups - are repeat or serial in nature. Effective investigations that dismantle these networks have a multiplier effect, reducing the overall incidence of crime in a given area. Similarly, holding violent offenders accountable removes them from society and prevents future harm. A vision for a safer South Africa The establishment of a high-functioning detective service must be viewed not as a luxury, but as a fundamental necessity in building a safer South Africa. It is a necessary extension of the constitutional promise of safety and security. It is also a practical response to the day-to-day challenges that millions of South Africans face in their homes, streets, and workplaces. By investing in detective services, the state would be taking a decisive step toward fulfilling its constitutional mandate. Such an investment would contribute to a justice system that is fair, efficient, and accessible. It would also signal to the public that their safety is a priority, and that the rule of law is upheld not merely in words but in practice. Moreover, this development would serve the broader goals of democratic governance by strengthening public institutions and reinforcing the legitimacy of the state. The ability of a government to maintain order and deliver justice is a fundamental test of its authority and moral standing. A professional and respected police service, especially its investigative arm, is central to passing that test. Conclusion In conclusion, the South African Police Service is a key institution in the architecture of democratic governance, social order, and public safety. It operates within a constitutional framework that demands not only the enforcement of laws but also the protection of rights and the promotion of justice. The right to live in a safe and secure environment is among the most fundamental human rights and one that underpins all other freedoms. Given the high rates and complexity of crime in South Africa, the establishment of a robust, well-equipped, and professional detective service within SAPS is not just advisable - it is imperative. A strong detective division enhances the effectiveness of the police, supports victims of crime, deters potential offenders, and restores public confidence in law enforcement. It embodies the constitutional values of accountability, transparency, and human dignity. Ultimately, the creation and strengthening of an investigative capacity within SAPS is an investment in justice, democracy, and the future stability of South Africa. It reflects a commitment not only to enforcing the law but to building a society in which every person, regardless of background or status, can live free from fear and in full enjoyment of their constitutional rights. Professor Nirmala Gopal Image: File Professor Nirmala Gopal is an academic leader: School of Applied Human Science at the University of KwaZulu-Natal. ** The views expressed do not necessarily reflect the views of IOL or Independent Media. THE POST
IOL News
4 hours ago
- IOL News
Ramaphosa skipping Mabuza's burial signaled strained relations
President Cyril Ramaphosa. Image: GCIS CONTROVERSY shrouds the absence of President Cyril Ramaphosa and some ANC leaders at the burial site of the late deputy president David Mabuza following his funeral service on Saturday. The family confirmed that Ramaphosa and other ANC officials were invited to attend the burial. Mabuza passed away last week at the age of 64, following a short illness. He was buried at a family burial site in Barberton, Mpumalanga. During the morning session, held at his home, ANC chairperson Gwede Mantashe handed over the party flag, which had draped Mabuza's coffin, to the family. The coffin was then draped in the national flag as the ceremony was handed over to the military in accordance with the Category Two State Funeral protocol. However, it was the current Deputy President, Paul Mashatile, who handed over the national flag to Mabuza's widow, Nohlanhla, before he was laid to rest. Video Player is loading. 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It has been alleged that Mabuza and Ramaphosa did not see eye to eye, especially following the outcomes of the ANC's conference in 2022, which saw Mabuza vacate his office. 'It is very strange for him (Ramaphosa) to leave before the coffin is lowered into the grave. It is unusual,' he said. Asked why the President did not go to the burial site, ANC Mpumalanga spokesperson, Sasekani Manzini, said questions should be sent to the national leadership. ANC secretary general Fikile Mbalula said the family spoke at the funeral and nothing was demonstrable that Mabuza's family was angry. The party's spokesperson Mahlengi Bhengu-Motsiri said the family expressly requested a private burial and to suggest anything else was disingenuous. 'Until he took his last breath, the deputy president remained loyal and committed to the ANC,' she said. The family's spokesperson, Desmond Moela, confirmed that Ramaphosa, along with the ANC's top brass and members and the national executive committee (NEC) and the provincial executive committee (PEC), were invited to the burial site but had 'other engagements'. 'That is why the President delegated the Deputy President to hand the national flag over to the flag," said Moela. Mantashe, Mabuza and Mashatile had worked together ahead of the ANC 2017 conference and successfully installed Ramaphosa as party president. The trio agreed that instead of having the Mpumalanga delegates vote for either Ramaphosa or his opponent, Nkosazana Dlamini-Zuma, they should rather split their votes in the name of uniting the party. This propelled Ramaphosa to the party's presidency and Mabuza as his deputy, seemingly solidifying their partnership. However, Mabuza's influence within the government appeared to diminish. He was not as visible or actively involved in key decision-making processes as some had anticipated. This led to speculation about a growing rift between him and Ramaphosa, with some allegations suggesting Ramaphosa strategically sidelined him after securing the presidency. During his speech at the weekend, Ramaphosa described Mabuza as a reliable and dignified leader, adding that he was not someone who sought the limelight but rather chose to work diligently behind the scenes. Breakfast said this speech was far from the truth, adding that Ramaphosa was not honest about his relationship with Mabuza. 'Why would Mabuza leave the office before his term ends? He never had the support of Ramaphosa's faction. He was not given prominent tasks to shine. I don't think they had a good relationship,' he said. Meanwhile, political analyst Professor Sipho Seepe said the absence of Ramaphosa and other ANC officials at the burial site was in keeping with the expressed wishes of the family. Cape Times
