Caiphus Nyoka murder case: Defence to apply for discharge

JOHANNESBURG - Lawyers for an apartheid general accused of the murder of student activist Caiphus Nyoka say he will be applying for a discharge.

Leon van den Berg (75) is one of three former police officers charged with the murder of 23-year-old Nyoka.

Nyoka was shot nine times at his Daveyton homes in 1987.

His murder is among the cases referred to the National Prosecuting Authority by the Truth and Reconciliation Commission.

Nyoka was brutally gunned down by police in his home in 1987. Van den Berg was a police general and the most senior officer on the scene, who was leading the operation.

But he has pleaded not guilty to the charges against him.

This is despite one of his co-accused, another former cop, Johan Marais, pleading guilty to the crime.

Now that the State has closed its case, van den Berg wants to apply for a discharge in terms of Section 174 of the Criminal Procedure Act.

Such an application is brought when the accused believes the state has no evidence against him that could lead to a conviction.

Arguments on this application will be heard on Monday.