decisions AMNESTY DECISIONS JACOBUS JOHANNES DE RU AM 1780/96 REFUSED https://sabctrc.saha.org.za/hearing.php?id=59186&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2000/ac200205.htm DECISION Applicant applies for amnesty for the killing of three (3) persons, Makhulu Solomon Khumalo, Richard Suputane Makhubo and Phiphaphang Joseph Kabokoane, at Vaalpark in the district of Sasolburg. The necessary preparations for the arrest were made. When the deceased arrived at the centre where they were to be carefully arrested, things went wrong, a shot rang out and all three were killed. It suffices to say that on the version of the applicant himself, he a planned a lawful arrest when, through some negligence, he ordered his men to shoot after having interpreted gunfire as coming from the vehicle of the deceased. He claims to have ordered the shooting to protect his own life and that of his men. The Committee does not have to make a finding though, because if on the other hand the version of the applicant is to be believed, it does not establish a political objective for the killing. In such an event the killings were done in the course of an attempted lawful arrest and the questions of self-defence and necessity can be decided by a court of law. In the instance the application for amnesty is REFUSED. No person is accordingly found to be a victim in terms of the Act. DATED AT CAPE TOWN this 16 day of November 2000 ________________________ JUDGE A WILSON ________________________ ADV S SIGODI ________________________ MR W MALAN