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CASE OVERVIEW

Caiphus Nyoka was an anti-apartheid activist and student leader in Daveyton, Benoni. He was a member of the Congress of South African Students (COSAS) and the South African Youth Congress (SAYCO), both affiliated with the United Democratic Front (UDF).  

 On 24 August 1987, the Security Branch and Reaction Unit police officers stormed Nyoka’s family home and killed Nyoka. The family pathologist found twelve bullet wounds on Nyoka’s body. Despite the pathologist’s evidence, the police claimed that they had only fired nine rounds in self-defence.  

In an inquest held between 1988 and 1989 at the Benoni Magistrate’s Court, the Court ruled that the police had acted justifiably and in self-defence. No one was held responsible for Nyoka’s death. 

In 2019, over 30 years after the killing of Nyoka, former police officer Johan Marais publicly confessed to the crime. He and two other former Security Branch and Reaction Unit officers were indicted in 2022, with the fourth person charged in 2024. Marais pleaded guilty and, on 10 July 2025, was sentenced to 15 years’ direct imprisonment. He is appealing his sentence.  

The trial of the remaining accused, Leon Louis Van Den Berg, Abraham Hercules Engelbrecht and Pieter Egbert Stander, concluded on 8 September 2025. Closing arguments were heard at the Gauteng High Court (sitting at the Benoni Magistrates’ Court) on 12–13 November 2025. Judge MHE Ismail handed down judgment on Tuesday, 2 December 2025. Engelbrecht and Stander were convicted of murder, and their bail application was dismissed on the 24th of December 2025. 

Caiphus Nyoka was a student leader in Daveyton, Benoni. He was a member of the Congress of South African Students (COSAS), the South African Youth Congress (SAYCO), organiser of the Transvaal Students Congress (TRASCO) in the East Rand, and President of the Student Representative Council at Mabuya High School in Daveyton, Benoni. Known for his courage and organising skills, Nyoka played a critical role in mobilising young people in the struggle for the liberation of South Africa’s majority population from the oppression of the apartheid government. 

 

He is described by his family members as follows:

 

Sarah Suto: “The enduring memory and story of my brother’s life will always be his bravery and selflessness. Not his bravery alone, but also that of his comrades, relatives and parents. What comes to mind is an incident – in circa 1984/1985 – when Daveyton was under siege from the apartheid security establishment. The security forces had targeted activists, including Caiphus, for harassment and detention. My parents were worried for Caiphus’ safety and life, when he didn’t show up at our house that day. A friend advised that he had sought refuge at a relative’s house in the neighborhood. At the crack of dawn, my mom and I knocked at the relative’s house where Caiphus had sought refuge. We counselled Caiphus to leave Daveyton. He was indignant and refused to oblige arguing that he’d not be intimidated by the apartheid regime, until our relative – who provided shelter – intervened and persuaded him to heed mom’s counsel. I walked with him, without mom, to Daveyton Station where we boarded a train en route to Soweto where he’d lie low, at our uncle’s home, for a few weeks.” 

 

Margaret Nyoka: “He was funny, and he couldn’t bear to see anyone suffer—he stood up against injustice and always had our backs. He had a heart of gold, loved people deeply, and made sure we felt included by taking us places rather than leaving us out because we were too young.” 

 

Melita Nyoka: “He loved dressing up in this matching checkered outfit. He loved going out with friends and had such a flair for fashion. He was never aggressive or violent—just this warm, sociable soul who made sure if he ate, everyone around him ate too.” 

 

Titos Nyoka: “Sport was his thing—he loved soccer and running. Denim jeans were his go-to outfit, and he also loved wearing this cap from the popular HR brand from ’84. He used to love playing with his nieces [Margaret and Melita] in ’82 and ’83.” 

 

Jobby Kalipa: “He was a teacher at heart—he bought himself a mountain bike and roller skates, not just for fun, but to teach us all. He brought fun activities into our community that were usually reserved for white people back then, just so we could know that we belonged too and could imagine life outside our prescribed norm.” 

 

Motty Nyoka: “He was full of life— he loved cycling, performing, chanting and singing, and he was always dressed sharp. He was usually surrounded by people from every background. He was courageous and pulled crowds not just with his voice, but with his sincere love and charisma. Even as a teenager, he was aware of socio-economic injustices and believed we could change them. He was an idealist—and everyone loved him for it.” 

On 24 August 1987, the police of the apartheid state stormed Nyoka’s family home. Nyoka and three other young men were sleeping in a backyard room. The three other young men who were with Nyoka were forced out the room. Moments later, there was a barrage of gunfire inside the room. The family pathologist found twelve bullet wounds on Nyoka’s body. Despite the pathologist’s evidence, the police claimed that they had only fired nine rounds in self-defence.  

 

The brutality did not end with Nyoka’s death. At the police station, the three young men found in Nyoka’s company were tortured and forced to read out a chilling message scrawled on a chalkboard at the Daveyton Police Station: “999 Lemba Street, Caiphus Nyoka Executed Six Shots Hands of Death.” 

 

Nyoka was shot dead in the early hours of the morning at his home in Daveyton. His murder had followed frequent police raids on his family home in the preceding months. At the time of his death, the policemen responsible claimed that they had shot him in self-defence.  

 

In 1988 and 1989, the official inquest presided by magistrate JP Myburgh ruled that the police had acted justifiably and in self-defence. No one was held responsible for Nyoka’s killing.  

In 1997, Nyoka’s mother, Saroma and eldest sister, Alegria, testified before the Human Rights Violations Committee of the Truth and Reconciliation Commission (the TRC) but none of the police officers involved in Nyoka’s murder applied for amnesty. Alegria’s testimony highlighted the broader trauma suffered by the family, including her own injury from a teargas attack in 1986 and an assault at the hands of former Daveyton Mayor, Tom Boya, in 1985. 

 

The TRC concluded that Nyoka was executed in cold blood by the Security Branch of the South African Police and that the Minister of Law and Order, the Commissioner of the Police and the Apartheid State were responsible for his death. The TRC’s finding was informed by a substantive submission that was made by Alegria, which contained various records, documents, affidavits, and newspaper clippings relating to Nyoka’s killing, including the inquest record that were put together by Caiphus’ late father, Moses Nyoka, before his passing in 1992.  

Over 30 years later, in 2019, former police officer Johan Marais publicly confessed to the Rapport journalist to killing Nyoka. With the support of the Foundation for Human Rights and Webber Wentzel’s Pro Bono Department, the Nyoka family requested a renewed investigation into the case. 

In 2022, Marais and two other former police officers, namely Leon Louis Van Den Berg and Abraham Hercules Engelbrecht have been indicted for Nyoka’s murder.  

 

On 5 April 2024, Pieter Stander was apprehended at O.R. Tambo International Airport but was subsequently released on warning. He appeared before the Benoni Magistrates’ Court on 12 April 2024, where he was formally indicted for murder. 

 

The accused have faced charges of conspiracy to commit murder, murder, and defeating the ends of justice. 

 

On 12 November 2024, Marais pleaded guilty to the murder charge in the Pretoria High Court and was convicted on the basis of this guilty plea. On 10 July 2025, he was sentenced to 15 years’ direct imprisonment, a sentence he has since appealed. 

 

The trial of the three remaining accused, Leon Louis Van Den Berg, Abraham Hercules Engelbrecht, and Pieter Egbert Stander, began on 18 November 2024 and continued with hearings throughout 2025. It concluded on 8 September 2025,  with all three accused closing their cases without leading evidence. Heads’ arguments will be heard on 12 and 13 November 2025, and judgment is scheduled to be delivered on 2 December 2025. 

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