PRESS RELEASE:
Parliament, Tuesday, 20 May 2025 – The Portfolio Committee on Justice and Constitutional Development is cautiously optimistic regarding the progress made in relation to prosecutions stemming from recommendations arising out of the Truth and Reconciliation Commission (TRC).
The committee today received briefings from several stakeholders including the National Prosecuting Authority (NPA), the Department of Justice and Constitutional Development (DOJ&CD), the Directorate for Priority Crime Investigations (Hawks), Legal Aid South Africa (LASA) and the Foundation for Human Rights.
Committee Chairperson Mr Xola Nqola said: “We note the positive impact and positive progress. These matters have been delayed for too many years. The committee will closely monitor the commitments that were made, especially with next month’s inquest relating to the Cradock Four.”
LASA, the NPA and the Hawks assured the committee that they are ready to proceed with the Craddock Four trial, allaying concerns regarding funding for legal representation for former security police officers. “We however note with disappointment the absence of the South African National Defence Force (SANDF) from this meeting. We will write to the Minister of Defence and Military Veterans to outline the impact of that absence, as one of the persons of interest in the Cradock Four matter was formerly in the SANDF. Hopefully, this will not lead to another delay in the matter,” emphasised Mr Nqola.
The committee heard from the NPA’s TRC unit that 194 matters are under investigation. In 35 of these, decisions have been taken not to proceed for various reasons while 159 others are in hand. Two convictions have been secured. Seven criminal cases are on the High Court roll, including the case of the COSAS Four.
Portfolio Committee on Justice and Constitutional Development, 20 May 2025
[Meeting with various departments and Foundation for Human Rights on the implementation of the recommendations of the Truth and Reconciliation Commission.], Virtual Meeting Platform, 09:30
Three former police officers accused of the 1987 murder of student activist Caiphus Nyoka appeared in the Pretoria High Court sitting in Benoni on 14 May 2025. Abram Engelbrecht (63), Pieter Stander (62) & Leon van den Berg (75) are accused of shooting Nyoka in his Daveyton home nine times & torturing his three other comrades. Picture: Kgomotso Modise/EWN
COURT DISMISSES SECTION 174 APPLICATION THE CAIPHUS NYOKA TRC CASE
NPA: PRESS RELEASE dated 23 MAY 2025
The Pretoria High Court sitting in Benoni dismissed the Section 174 application of the Criminal Procedure Act 51 of 1977 brought about by accused number 1, a former commanding officer Major, Leon Louis Van Den Berg (75) and accused number 2 a former Sergeant, Abraham Hercules Engelbrecht (61), that the two accused should be discharged of their offences because the state had no case against them.
The two, together with their co-accused, former Sergeant, Pieter Stander (60) are facing a charge of murder for allegedly killing a student activist and a member of the Congress of South African Students (COSAS) Caiphus Nyoka.
It is alleged that in the evening of 23 August 1987, the three who were members of the Reaction Unit within the South African Police Service met to discuss a plan to kill Nyoka. A plan to raid his home was devised, under the commanding officer Major van den Berg. In the early hours of 24 August 1987 at about 02h30, Stander and Engelbrecht and other members of the Reaction Unit who are also charged separately, arrived at Nyoka’s homestead and stormed Nyoka’s room. They found him sleeping with three of his friends. After identifying him, they removed the friends from the room and thereafter proceeded to shoot him 9 times. He died on the scene as a result of multiple gunshot wounds.
During the trial, the state called 5 witnesses, two Caiphus Nyokas sisters, Alegria and Mothasi Nyoka, Gugulakhe Exodus Nyokane one of the three friends Nyoka was with on the night of the incident, an expert witness who was the TRC researcher DR Rousseau and the Investigating officer of the case Liutenant Colonel Beukman. After the 5 witnesses testified the state closed its case. Thereafter accused no 1and 2 brought a section 174 application claiming that the state had no case. After the court dismissed their application, accused number 1 opted to remain silent and closed his case.
The matter was postponed to 8-19 September 2025 for defense case of accused number 2 and 3. The case against the former Section member of the Reaction Unit 6 in Dunnottar, Johan Marais (65), who was charged and convicted for the same offence was postponed to 5& 6 June 2025 for sentencing proceedings.
This court outcome is encouraging as the State overcomes the first hurdle that was presented by the defense in order to prevent the trial from proceeding. The State will continue to put forward a formidable case to ensure that justice is served against such atrocities of the apartheid era.
Issued by: Lumka Mahanjana; NPA Regional Spokesperson; Gauteng Division: Pretoria
073 002 0000; Lmahanjana@npa.gov.za
Court dismisses bid to drop charges in 1987 student activist Nyoka’s murder case
The court rejected claims of no evidence in the case of apartheid-era officers accused of murdering Caiphus Nyoka in 1987.
The Pretoria High Court sitting in Benoni has rejected claims of no evidence in the case of two former apartheid-era officers accused of murdering student activist Caiphus Nyoka in 1987.
The court ruled that there is enough evidence to proceed with the trial of two ex-officers accused of killing the Congress of South African Students (COSAS) member and student activist.
Court rejects discharge application from apartheid-era cops in Caiphus Nyoka murder case
IOL: |23 May 2025
The High Court in Pretoria, sitting in Benoni, has dismissed an application brought by the accused, two former apartheid-era police officers, who were seeking discharge in the murder case of student activist Caiphus Nyoka.
In the application, accused number one, a former commanding officer, Major Leon Louis Van Den Berg, 75, and accused number two, a former Sergeant Abraham Hercules Engelbrecht, 61, sought discharge, insisting that the state has no case against them.
2 former apartheid officers’ bid to get off the hook for Caiphus Nyoka murder fails
EWN: Kgomotso Modise22 May 2025
PRETORIA – The latest bid by two former apartheid police officers to get off the hook for the murder of student activist Caiphus Nyoka has failed in the Pretoria High Court. Judge Ismail Mohammed delivered the judgment on Thursday morning.https://www.ewn.co.za/2025/05/22/2-former-apartheid-officers-bid-to-get-off-the-hook-for-caiphus-nyoka-murder-fails
Nokuthula Simelane’s family left devastated by delays in case
The CITIZEN: By Eric Mthobeli Naki Political Editor 20 May 2025
Thembi Simelane, Minister of Human Settlements and sister to the slain Umkhonto weSizwe cadre, Nokuthula Simelane, has painted a sad picture of how the delay of the trial of her alleged killers has devastated the family and left them with the pain of having no closure.
The start of the criminal trial has been delayed due to claims that one of the accused, Willem Helm Johannes Coetzee, was unfit to stand trial. In a trial within a trial, an inquiry into Coetzee’s fitness to stand trial finally resumed on Monday and is expected to conclude on Wednesday in the Pretoria High Court.
https://www.citizen.co.za/news/nokuthula-simelane-family-devastated-delays-in-case/
Witness’s disappearance linked to Chief Luthuli’s alleged assault
The inquest, which initially ran from April 14 to May 16, was extended after the state requested more time to call additional witnesses.
THE WITNESS: 22/05/2025
A relative of a man who vanished after allegedly witnessing the assault of Chief Albert Luthuli has testified at the reopened inquest into Luthuli’s death at the Pietermaritzburg High Court.
The inquest, which initially ran from April 14 to May 16, was extended after the state requested more time to call additional witnesses.
New evidence emerges in the death of Nobel laureate Albert Luthuli
IOL: Bongani Hans| 22 May 2025
Inkosi Albert Luthuli sustained injuries that led to his death when three white men, who are believed to be steam goods train crew members, assaulted him, the inquest held at the Pietermaritzburg High Court heard on Wednesday.
An eyewitness to the incident was allegedly taken away by police a few days later to an unidentified police station to state what he saw, but he disappeared and his family never saw him again.
This was the testimony of pensioner Isaiah Mdletshe (70), who currently lives in Ntuzuma, north of Durban, on Wednesday.
Court hears how Luthuli was ‘assaulted’ next to a stationary train
SABC NEWS: 21 May 2025 Fanele Mhlongo
A Durban man has testified in the re-opened inquest into the death of African National Congress (ANC) leader Inkosi Albert Luthuli that he was told by a relative that one of his uncles saw Luthuli being assaulted next to a stationary train on the rail line at Groutville in 1967.
The 1967 inquest found that Luthuli died after being struck by a train as he was walking along a railway track.
The 70-year-old Isaiah Mdletshe has told the inquest at the Pietermaritzburg High Court that Barnabas Mnyandu told him that his younger brother, Phothwayo, saw Luthuli being assaulted.
https://www.sabcnews.com/sabcnews/court-hears-how-luthuli-was-assaulted-next-to-a-stationary-train/
Unveiling the truth: Albert Luthuli’s funeral as a symbol of resistance
IOL: Bongani Hans 21 May 2025
Pictures of Inkosi Albert Luthuli’s body lying emotionless in a coffin during his funeral on July 30, 1967, depicted nothing of a person hit by a train, as it had no dismembered limbs or facial scars, the inquest held at the Pietermaritzburg High Court heard.
Luthuli, a staunch Christian and prayer warrior, was buried eight days after his death on July 21, the same year. His funeral, attended by scores of people from various racial groups, was held at the Groutville Congregational Church Graveyard.
The controversial circumstances surrounding Inkosi Albert Luthuli’s death
IOL: Bongani Hans 16 May 2025
THE Department of Health under the apartheid government made a decision that prevented the transfer of Inkosi Albert Luthuli to King Edward VIII Hospital in Durban, which was well equipped with neurosurgeon’s tools that might have saved his life, said Advocate Annah Chuene.
Chuene, who was among three National Prosecuting Authority (NPA) senior lawyers probing the cause of Luthuli’s death in a reopened inquest, said on Thursday that in NPA’s closing remarks, they would highlight the role of medical practitioners in the historical death that occurred on July 21, 1967.
Forensic pathologist pokes holes in Chief Albert Luthuli’s post-mortem findings
Cape Times by Bongani Hans 15 May 2025
DESPITE being an internationally acclaimed statesman, Inkosi Albert Luthuli was treated like a commoner in his death, with his post-mortem being conducted hurriedly by a doctor who was inexperienced in conducting a forensic examination and who produced a substandard death report.
This was revealed by senior KwaZulu-Natal Department of Health’s Dr Sibusiso Johannes Nsele, who reviewed the 1967 post-mortem report conducted by Dr Jakobus Johannes van Zyle.
Luthuli not being transferred to a specialized hospital questioned
SABC NEWS: Fanele Mhlongo 14 May 2025
waZulu-Natal Chief Pathologist Dr. Sibusiso Ntsele has questioned why former ANC President Chief Albert Luthuli was not transferred to a specialized hospital as his injuries required high quality medical attention.
Ntsele is testifying in the reopened inquest into Luthuli’s death.
The initial inquest which is being challenged suggests that Luthuli who died in 1967 was reportedly hit by a goods train in Groutville.
Ntsele’s testimony correlate with that of Luthuli’s grandson Mthunzi who raised similar concerns.
Expert testimony suggests foul play in Albert Luthuli’s death
IOL: By Bongani Hans 13 May 2025
THE possibility was that Inkosi Albert Luthuli was assaulted in the vicinity of the Mvoti River in Groutville, Stanger, before assailants carried him onto the railway bridge where they hastily left him, thinking he was dead, when they saw a train approaching.
This was the expert opinion of Warrant Officer Sunette Nel at the Pietermaritzburg High Court when she was testifying on Tuesday at the inquest into the Nobel Peace Prize recipient’s death.
Inquest into Chief Albert Luthuli’s death: Mashatile speaks out
IOL: By
Deputy President Paul Mashatile said while everyone should stay in the country, South Africa cannot force those who want to leave on their own accord to remain.
He was referring to the 49 Afrikaners who had left for the US after being granted refugee status.
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