2 former apartheid officers' bid to get off the hook for Caiphus Nyoka murder fails
PRETORIA - The latest bid by two former apartheid police officers to get off the hook for the murder of student activist Caiphus Nyoka has failed in the Pretoria High Court.
Judge Ismail Mohammed delivered the judgment on Thursday morning.
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Sixty-three-year-old Abram Engelbrecht, 62-year-old Pieter Stander, and 75-year-old Leon van den Berg, who were members of the reaction unit of apartheid police, are accused of shooting the student activist multiple times in his Daveyton home.
In 2024, a fourth accused, Johan Marais, pleaded guilty and is yet to be sentenced.
Lawyers for van den Berg and Engelbrecht brought a Section 174 discharge application this week, arguing that the State had no evidence against them that could lead to a conviction.
Mohammed delivered his verdict but did not give a comprehensive judgment.
'Having heard counsel, the court is of the view that the application for a discharge in terms of Section 174 of the Criminal Procedure Act should be refused.'
Mohammed said he would be incorporating the full judgment, detailing the reasons for his ruling in the final overall judgement in the matter.
That means the defence will now have to open its case and call its witnesses.
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