Court to rule whether sister's evidence of Nyoka inquest hearing is admissible

02 December 2024 - 17:08
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Caiphus Nyoka was a student activist when he was killed in 1987. File photo.
Caiphus Nyoka was a student activist when he was killed in 1987. File photo.
Image: Supplied/Family

The younger sister of East Rand activist Caiphus Nyoka pleaded with the Pretoria high court on Monday to realise the pain she has suffered for almost 37 years since her brother's death. 

The sister, whom the court ordered should not be named, wrapped up her testimony in the high court sitting in the Benoni magistrate's court. She was testifying in the trial of the three former security branch police officers accused of killing Nyoka in 1987. 

The trio — Leon Louis van den Berg, 72, Abram Engelbrecht, 60, and Pieter Stander, 61 — pleaded not guilty to the murder. The state's case is that they acted in the furtherance of a common purpose in the commission of murder. 

This is one of the cases referred to the National Prosecuting Authority by the Truth and Reconciliation Commission.

At the time of his murder in 1987, Nyoka was a student activist in Daveyton on the East Rand and a member of the Congress of South African Students.

Last month, Johan Marais, 65, who was stationed at police unit 6 in Dunnottar in Ekurhuleni, pleaded guilty to killing Nyoka.

“The death of Caiphus affected me tremendously because when he was killed we belonged to the same organisation. I'd like the court to know the pain we have to live with daily is destroying us,” the sister said. 

She said she wasn't only representing herself when she testified but also her parents, who died before they knew the truth about their son.

“We need to be able to distinguish between a perpetrator and a victim.”

She testified Nyoka was arrested several times during the state of emergency and at one time she visited him at the Daveyton police station. He was assaulted so badly she couldn't recognise him. 

She said Engelbrecht was one of the police officers who frequently raided their home to arrest Nyoka and he knew everyone from her family. On some occasions when Nyoka was arrested, Engelbrecht wasn't there.

During the inquest into the death of Nyoka, Engelbrecht testified as one of the officers present at the scene of a crime. 

She attended the inquest with her father and sister until the end.

Former apartheid police officers Leon Louis van den Berg, Abram Engelbrecht and Pieter Stander appear in the Benoni magistrate's court for allegedly killing Caiphus Nyoka in 1987.
Former apartheid police officers Leon Louis van den Berg, Abram Engelbrecht and Pieter Stander appear in the Benoni magistrate's court for allegedly killing Caiphus Nyoka in 1987.
Image: Thapelo Morebudi

Before the inquest, she didn't know who Stander was. “I didn't know him., The first time I saw him was at the inquest,” she said. 

The court heard that during the inquest Stander gave self-incriminating evidence and his attorney JP Okes objected when the prosecutor wanted to lead the evidence of the inquest during the examination-in-chief.

The state argued Stander was an experienced police officer and would have known the evidence was self-incriminating. Therefore evidence given by Nyoka's sister about what she had observed at the inquest should be provisionally admitted. 

Okes argued his client was not represented by a lawyer at the inquest when he gave self-incriminating evidence.

The court is to rule whether the evidence of Nyoka's sister about what transpired at the inquest with Stander is admissible. Depending on the outcome, Nyoka's sister might return to the stand to testify about what Stander had told the inquest. 

The matter was adjourned to Tuesday with the state expected to call a third witness. 

TimesLIVE


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