Former apartheid police officer Johan Marais, who was earlier found guilty of the 1987 murder of student activist Caiphus Nyoka, will be back in the Gauteng High Court, Pretoria, on July 7, when arguments will be further presented regarding his possible sentence.

The defence called a psychologist last week who assessed the 66-year-old Marais. She told the court that he has severe remorse for what he had done 38 years ago, and he wishes that he could undo what had happened.

The proceedings have been set down for a week in July, during which the family of Nyoka is expected to state their feelings about the case.

Psychologist Kirsten Clark suggested a possible correctional supervision sentence for Marais, which will include community service and house arrest.

She said Marais disclosed his role in Nyoka’s killing without being pressed when he previously pleaded guilty to the murder charge. He also confessed to a journalist that he had played a role in the killing.

It was further suggested to Judge Papi Mosopa that the socio-political environment during which the crime occurred should be taken into consideration.

In mitigation of sentence, Clark pointed out that Marais has remorse, he is willing to partake in rehabilitation programmes, as well as his age, and the fact that he is not healthy.

Marais, however, indicated that he would abide by a prison sentence if this was what the court had in mind.

In August 1987, Nyoka was fatally shot at his family home in Daveyton by a police unit established to deal with terrorism.

In 1988 and 1989, an inquest held before the Benoni Magistrate’s Court resulted in a ruling that the police had acted in self-defence, despite evidence presented by the family suggesting otherwise.

In 1997, Nyoka’s mother, Saroma Nyoka, and his sister, Alegria Nyoka, approached the Truth and Reconciliation Commission (TRC) to seek justice and to unearth the truth behind the killing. None of the police officers involved in Nyoka’s killing applied for amnesty.

Marais described his role as a section leader in Reaction Unit 6 (riot unit) based in Dunnottar at the time of the killing. He said on August 23, 1987, he and other members were called by their commander.

They were told that information from the then-Security Police pointed to Nyoka as an activist student leader, who was going to bomb the Daveyton police station the next day.

Nyoka was deemed highly dangerous, and he and his colleagues were instructed to “take him out”.

They forcibly entered his home by kicking down the door. Nyoka was in bed, and Marais recalled that he had fired several shots, and he had hit Nyoka in the forehead.

A routine internal hearing was held afterwards, but Marais and his colleagues were told to testify that they had acted in self-defence as Nyoka was “armed” and posed a danger to them. They were subsequently cleared of any wrongdoing.

zelda.venter@inl.co.za

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