Parly justice committee chair commends sentencing in apartheid era case
Portfolio Committee on Justice and Constitutional Development chairperson Xola Nqola emphasised that his committee would like to see the finalisation of all apartheid crimes cases, commending Thursday’s sentencing of an apartheid-era policeman.
He welcomed the 15-year prison sentence handed down to former apartheid police officer Johan Marais, in the Pretoria High Court, for the 1987 killing of student activist Caiphus Nyoka.
Marais is one of three people charged in connection with Nyoka’s murder. Marais pleaded guilty, stating that he was ordered to assassinate Nyoka.
However, he declined to turn State Witness against three former colleagues who pleaded not guilty to participating in Nyoka’s murder. Their trial is set down for later this year.
“This sentence is indeed welcome. A young man was robbed of his life, a bright future. The committee would like to see the finalisation of all apartheid crimes. This will bring some closure for the families and friends of our liberation struggle heroes, even if it does not bring back their loved ones,” he said.
GOOD secretary-general Brett Herron said although the now 66-year-old Marais committed the crime 37 years ago, his conviction is important for asserting the principles of justice, impartial and apolitical prosecutions, and accountability.
“The conviction is also important to reasserting the integrity of South Africa’s Truth and Reconciliation Commission process. The commission recommended hundreds of prosecutions in cases in which perpetrators did not apply, or did not qualify, for amnesty. The recommendations were largely ignored by the democratic State over the past 25 years,” he said.
Herron noted pressure from victims’ families wanting the State to account for the injustice, which led to President Cyril Ramaphosa establishing a judicial commission to establish the reasons for the subversion of justice, and whether there was political interference.
“In the meantime, many of the perpetrators have died without ever having to face justice,” he said.
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