In South Africa, a former police officer was convicted of the murder of a young anti-apartheid activist in 1987. The case, examined by the Truth and Reconciliation Commission, highlights the quest for justice for the crimes of old regime…
A South African court has just convicted a former police officer for the murder of a young activist against apartheid in 1987. This case, which was examined by the Truth and Reconciliation Commission set up after the end of the segregationist regime, highlights shed light on the quest for justice for crimes committed during this dark period in South African history.
A spontaneous confession 22 years after the facts
Johan Marais, now aged 65, pleaded guilty during his trial in the Pretoria court. According to sources close to the case, it was in 2019, when he woke up in the hospital after a suicide attempt, that the ex-police officer spontaneously confessed to the police having shot the young man more than two decades ago.
At the material time, Marais was head of an anti-terrorism unit of the apartheid regime's police. He was convicted of the murder of Caiphus Nyoka, a 23-year-old black union leader known in eastern Johannesburg for his public stances against racial segregation.
A premeditated murder
According to the prosecution, on the evening of August 23, 1987, Johan Marais and several members of the security police met to plan the assassination of Caiphus Nyoka. They decided to raid his home in the middle of the night.
Around 2:30 a.m., the police broke into the activist's home. After identifying him in the room he shared with three comrades, they took his friends out of the room. Johan Marais then shot Caiphus Nyoka nine times, killing him instantly.
Three other police officers soon to be tried
If Johan Marais was the first to be convicted in this case, he will not be the only one to have to answer for his actions before the courts. Three other police officers who accompanied him on the evening of the murder must appear before the Benoni court from next week.
After pleading guilty, Johan Marais was released on bail with a ban on having contact with his three co-accused while awaiting their trial. His final sentence will be pronounced at a later date.
Complex investigations into apartheid crimes
The South African public prosecutor's office welcomed this conviction which it considers “particularly significant”. According to him, it reflects the commitment of the authorities to demand accountability for the “atrocious crimes” referred to the Truth and Reconciliation Commission.
The magistrates, however, underline the difficulty of carrying out investigations into cases which date back several decades. The disappearance of material evidence and the absence of essential witnesses considerably complicate their task.
Towards national reconciliation?
Beyond the individual conviction, this trial revives South Africa's painful past and questions the path traveled since the end of apartheid. Although the Truth and Reconciliation Commission shed light on many crimes, many are still waiting for justice to be served.
For the families of the victims and for South African society as a whole, these late trials appear to be a necessary step towards appeasement and national reconciliation. They recall that the fight against impunity and the work of memory remain major challenges for the country, more than 25 years after the fall of the racist regime.
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