DECISION
On 28 January 1991 at Warwick Avenue near Berea Railway police station in Durban an MK cadre, one Mthunzi Njakazi was killed following a shooting incident in which two askaris were involved.
The applicants, Fourie and Cloete, both Security Police officers of Malvern Durban at the time, were requested by Colonel Andy Taylor, now deceased, to assist the two askaris.
The applicants proceeded to the scene and in a bid to assist them in subsequent proceedings handed the askaris a handgrenade which was planted at the scene.
Consequent to this it was alleged at the inquest that the MK cadre shot at the scene, was in possession of an F1 handgrenade, being in fact the one brought to the scene by the applicants. As a result of this constructed version it was found at the inquest proceedings that no one was liable to criminal prosecution for the death of Mthunzi Njakazi.
After having considered the above facts and circumstances and all the relevant applications and documentation, the Committee is satisfied that the applicants comply with all the requirements for amnesty as set out in the Promotion of National Unity and Reconciliation act, 34 of 1995 as amended.
Accordingly -
1. Tjaart van der Walt Fourie is GRANTED amnesty for all offences directly connected to or flowing from the shooting incident which resulted in the death of Mthunzi Jakazi which took place on 28 January 1991 at or near Warwick Avenue Durban.
2. Johannes Hendrik Cloete is GRANTED amnesty for all offences directly connected to or flowing from the shooting incident which resulted in the death of Mthunzi Njakazi which took place on 28 January 1991 at or near Warwick Avenue, Durban.
Dated this 3rd day of March 2000.
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