DECISION
THE KILLING OF THE KWANDEBELE 9
This incident has been fully dealt with in the application of Jaques Hechter, application No. AM2275/96, under schedule 6 thereof. The pertinent facts relating to this incident have been comprehensively dealt with in the decision of the Amnesty Committee dated the 17 February 1999 in respect of Hechter's application.
The applicants apply for amnesty for their own involvement in this gruesome incident.
The applicants were members of the Investigative Unit of the SAP deployed in KwaNdebele to investigate unrest related incidents. Although they were not members of the security police they contended that there was a common understanding that their unit was to work in close cooperation with the security police and that whenever they received instructions from the senior officer of the security police in charge of a particular operation they were to obey the order of that officer. This occurred even in circumstances where their immediate superior was not aware of the instructions from the alleged senior officer of security police.
Even more strange they contended that it was an unspoken rule not to disclose such instructions to their unit's superior because the operations they conducted with the security police were extremely confidential.
We obviously do not comprehend applicant's contentions in this regard simply because if there was this alleged close cooperation between the security police and the applicants' unit, surely the applicants' seniors knew and accepted the many acts in which the security police were commonly known to have been involved with their junior members. Why then should there be this veil of secrecy with regard to the particular involvement of these junior officers. Unsatisfactory as the applicants evidence is in this regard, it is however the only version before us and we have to accept it notwithstanding our observations and reservations.
The applicants participated in the fatal shooting of the deceased and assisted in setting their bodies alight.
The Committee refers to the decisions in the application of Hechter and for the reasons set out therein, amnesty is GRANTED to the applicants in respect of the following offences:-
1. The murder of Abram Mokolane, Samuel Masilela, Sepo Sibanyoni, Jeremia Mfudi, Thomas Phiri, Jeremia Mkabula, Morris Nkabinde, Matthew Kekutle, Stephen Makema and Elliot Sasage and/or any other person being part of a group of ten black men from Mamelodi, at or near Nietverdiendt in the district of Thabazimbi on or about 26 June 1986.
2. Desecration of the bodies of the deceased.
3. Arson and/or malicious damage of property.
4. Contravention of sections 2, 28, 29 and 39 of the Arms and Ammunition Act, 75 of 1969.
5. Contravention of Section 2 of the Dangerous Weapons Act 71 of 1968.
6. Contravention of Section 3, 4, 5, 6, 9 and 27 of the Explosive Act 26 of 1956.
7. Any other competent or related verdict based on the same facts and which would relate to the same offence namely the murder of ten males at or near Nietverdiendt on or about 26 June 1986.
8. The murder of nine men at KwaNdebele during 1986/1987 and the following offences in connection therewith;
9. Assault with intent to do grievous bodily harm;
10. Intimidation;
11. Malicious damage to property;
12. Arson;
13. Desecration of the bodies of the deceased;
14. Conspiracy to commit the abovementioned offences;
15. Contravention of Section 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act of 1969;
16. Contravention of Section 3, 4, 5, 6, 9 and 27 of the Explosives Act No. 26 of 1956.
This Committee is of the opinion that the next of kin of the deceased are victims in terms of Section 26 of the Act and recommends that they be referred to the Committee on Reparation and Rehabilitation for consideration.
Signed on the
: day of
: 1999.
Adv. C de Jager SC Judge S. Khampepe Judge H. E. Mall
ANNEXURE A
Committee: Khampepe J, C de Jager and Judge H. Mall
Date of Hearing: 6th - 22 April 1999
Venue: Idasa Centre, Pretoria
Evidence Leader: Lynn Lockhatt
Legal Reps for the Applicants
Mr Rossouw and Mr Polsen
Rooth & Wessels Inc.
PO Box 208
PRETORIA
0001
Telephone No: (012) 325 2940
Fax No: (012) 323 0344
Legal Rep for the Victims: Lynn Lockhat
