Court rules evidence of what transpired at activist Nyoka's inquest is provisionally admissible

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 evidence of Caiphus Nyoka's younger sister about what had transpired on the night her brother was allegedly killed by former apartheid police officers in August 1987, is provisionally admissible. 

The Pretoria High Court, sitting in Benoni Magistrate Court, ruled on Thursday that not allowing the state to lead the evidence on that aspect will be tantamount to suppressing crucial and vital evidence. 

The sister, whom the court ordered should not be named, previously testified 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.

During the inquest hearing Stander gave self-incriminating evidence and his attorney JP Okes had objected to the prosecutor to lead the evidence from the hearing. 

Judge Mahomed Ismail said in his ruling that the witness alluded that she attended the inquest hearing of her brother every day.

Nyoka's younger sister was about to testify about the transcript of what transpired during the inquest proceedings when Okes objected. 

“This objection was premised on the concept of a witness's right to refuse to answer an incriminating question.

“To this end, it was submitted that accused three [Stander], was not represented in the inquest proceedings and the presiding magistrate failed to appraise him of his right to self-incrimination,” he ruled. 

The judge said in his ruling that he was told that a great portion of the inquest record has been missing and the transcripts are incomplete. He said this was understandable given that it has been three decades since the death occurred. 

“These documents may have been misplaced or deliberately destroyed as I was told by Dr Rousseau who testified before me that tons of documents were destroyed regarding the activities of the security forces pre the 1994 elections,” he said in his ruling. 

He ruled that the evidence of the inquest was vital to the trial.

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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

“In my view the actual transcript not being complete. Miss Nyoka’s evidence will be crucial in what transpired at the inquest. Having said that it does not mean that the court accepts her evidence of what she is going to testify regarding what occurred at the inquest at face value,” he said. 

The evidence of Nyoka's younger sister will be subjected to cross-examination and the rules in determining the credibility will be applicable. 

She will be cross-examined in various other aspects for the court to ultimately decide on the acceptance or rejection of the evidence and reliability. 

“Having said that it will follow that this court is inclined to provisionally accept that evidence subject to it being cross-examined.”

He ruled that Stander like all other accused in the matter could also contribute by asking questions or putting their submissions to the witness regarding what transpired at the Inquest.

The case was adjourned and is set to continue on May 12 2025. 

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