DECISION
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This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995. For convenience sake the Applicants will be referred to only by their surnames.
The application for amnesty relates to the killing of two people, namely Zweli-Banzi Nyanda and Keith McFadden in Mbabane, Swaziland. The Security Police had information that Nyanda was the commander of MK's Natal Machinery and was the instigator of a large number of violent incidents in Northern Natal and elsewhere in South Africa.
A decision was taken at the head office of the Security Branch that steps be taken to eliminate Nyanda and others involved. Those involved in arriving at this decision included General Steenkamp and Brigadier Schoon and instructions were then given to Brigadier (then Colonel) Cronje, who was, inter alia, the officer-in-command of Vlakplaas, to make the necessary arrangements.
The Amnesty Committee has already dealt with the application brought by Brigadier Cronje (AM2773/96) and he was granted amnesty in respect of this incident. Reference is made to pages 1-6 and 7-9 of the decision dated 17th February 1999.
The present Applicants, save for Brigadier Schoon, are the people who participated in the attack on the house used by Nyanda as a transit house in Mbabane, when Nyanda and McFadden wwas killed. Their evidence as to the motive for the attack and the details relating thereto agreed with those of Cronje. We are satisfied on the evidence given and the information made available to us that they have satisfied all the provisions of the Act and are entitled to amnesty in respect of their participation in what was clearly a planned, organised attack by members of the police force in furtherance of what they believed to be the political objectives of the government.
The Committee is mindful of the decision of the Supreme Court of Appeal of South Africa in which the Honourable Court found that the TRC, acting through the Amnesty Committee cannot grant amnesty for deeds committed outside the borders of South Africa. It is, however, a fact that although the actual killing took place in Swaziland, the planning and the conspiracy to kill occurred in South Africa and the orders were issued here.
The Committee has had regard to the judgement in Johannes P Coetzee (AM 4116/97) and others (Pages 7-12) which deals with the decision of the Court of Appeal in the case of Stopforth v Minister of Justice and three other Respondents ASALR 1999 Vol 4 at 383 and accepts the correctness of that decision in this regard.
Amnesty is GRANTED to all the Applicants in respect of the acts, omissions, offences and delicts faling within the jurisdiction of the South African Courts flowing from and directly related to the conspiracy to kill Zwelibanzi Nyanda, Keith McFadden and Lawrence at Mbabane, Swaziland on or about 1983/1984, including, inter alia, acts, omissions and offences relating to the use of false passports, illegal crossing of the border and the illegal possession of weapons, arms and ammunition.
The Committee recommends that Nyanda's mother, wife and child and McFadden's sister be declared victims and are referred to the Reparation and Rehabilitation Committee for consideration in terms of Section 20(3) of the Act.
DATED AT CAPE TOWN this day of 2000
____________________JUDGE A WILSON
____________________ADV N SANDI
____________________MR J B SIBANYONI
