Defence to Apply for Discharge in Caiphus Nyoka Murder Case

ZakesMay 15, 2025

1 3 minutes read

JOHANNESBURG – The Defence team representing former apartheid police general Leon van den Berg has announced its intention to apply for his discharge in the high-profile murder case of Caiphus Nyoka, a young student activist who was gunned down in his Daveyton home nearly four decades ago.

Van den Berg, now 75, is one of three former South African Police officers accused of murdering Nyoka, who was just 23 years old when he was killed in 1987. According to the State, Nyoka was shot nine times in what has been described as a brutal and premeditated killing during the height of apartheid repression. The murder occurred in his family home, allegedly as part of a targeted police operation aimed at silencing anti-apartheid voices in the East Rand.

Nyoka’s killing is among a number of unresolved cases referred to the National Prosecuting Authority (NPA) by the Truth and Reconciliation Commission (TRC), which investigated politically motivated crimes committed between 1960 and 1994. These legacy cases have increasingly come under the spotlight in recent years, as families of victims seek justice long delayed.

Van den Berg, a former police general, was the most senior officer at the scene when Nyoka was killed. He reportedly led the police operation that resulted in Nyoka’s death. However, despite the serious allegations, van den Berg has pleaded not guilty to all charges brought against him.

Notably, one of van den Berg’s co-accused, former officer Johan Marais, has admitted guilt and entered a plea deal with the State. Marais’s confession is expected to play a pivotal role in the case, but van den Berg’s legal team maintains that there is no direct evidence linking their client to the actual shooting.

With the State having closed its case last week, the Defence has confirmed its plan to apply for a discharge under Section 174 of the Criminal Procedure Act. This provision allows the court to acquit an accused person without requiring them to present their own defence, provided the court finds that there is no credible evidence on which a reasonable court could convict.

Advocate Willem Bester, representing van den Berg, said the Defence believes the State has failed to produce sufficient evidence proving van den Berg’s involvement in the murder.

“Our client was present at the scene, yes, but being present is not the same as participating in or ordering a killing,” Bester said. “The Defence maintains that there is no direct link between Mr van den Berg and the fatal shooting of Mr Nyoka.”

Legal analysts say that Section 174 applications are not uncommon, particularly in complex historical cases where evidence has deteriorated over time, witnesses may no longer be available, and documentation may be incomplete or unreliable.

Defence argues State has failed to prove apartheid-era police general’s role in activist’s killing

However, the NPA is expected to oppose the discharge application vigorously. Spokesperson Mthunzi Mhaga said the prosecution believes it has presented a strong enough case for the trial to continue and for van den Berg to be held accountable before the court.

“This is not merely about technicalities or procedural law; it is about justice for a young man who was killed in his own home, allegedly at the hands of those who were meant to uphold the law,” Mhaga said.

Human rights groups and the Nyoka family have expressed concern over the possibility of the case being dismissed at this stage. They argue that the broader importance of apartheid-era prosecutions lies not only in achieving convictions but also in establishing historical accountability and restoring dignity to the victims and their families.

Arguments for the Defence application will be heard on Monday at the High Court in Johannesburg. The court will then decide whether van den Berg should be discharged or whether he must answer to the charges and proceed with presenting his own version of events.