decisions AMNESTY DECISIONS FRANK McCARTER,ADRIAN STEPHEN ROSSLEE,IZAK DANIEL BOSCH,ANDY TAYLOR,LAWRENCE GERALD WASSERMAN,JOHANNES ALBERTUS STEYN,ROELOF BRAND VISAGIE,JACOBUS ADRIAAN VORSTER AM4063/96,AM4378/96,AM3765/96,AM4077/96,AM4508/96,AM4513/96,AM5169/97,AM4390/96 GRANTED https://sabctrc.saha.org.za/hearing.php?id=59394&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2001/ac21112.htm DECISION INCIDENT 1: The first 5 Applicants apply for amnesty for the abduction, assault and killing of Sipho Stanley Bhila near Durban on 22 February 1987. INCIDENT 2: The 4th, 5th, 6th, 7th, 8th, 10th and 11th Applicants apply for amnesty for the abduction from Swaziland and killing at Elandskop of Phila Portia Ndwandwe, also known as MK Zandile, towards the end of October 1988. INCIDENT 3: The 4th, 5th, 6th, 7th, 8th and 9th Applicants apply for amnesty for the abduction, assault and killing of Phumezo Nxiweni at Durban on 4 and 5 November 1988. INCIDENT 4: The 4th, 5th, 6th, 7th and 8th Applicants apply for amnesty for the abduction, assault and killing of Sibusiso Ndlovu, Amanzi Vilakazi and Elias Gift Matjale and the disposal of their bodies by explosives at Durban on 18 November 1988. The evidence, which is common cause among the Applicants, can be briefly summarised as follows: INCIDENT 1 The Committee is satisfied that the incident occurred within the context of the conflicts of the past, that the acts of the Applicants were associated with a political objective and that they have made a full disclosure of all material and relevant facts. INCIDENT 2 The Committee has therefore to decide whether the failure to disclose the names of the informers places the Applicants in breach of their obligation to make "a full disclosure of all relevant facts" as envisaged by Section 20(1)(c) of the Act on the Promotion of National Unity and Reconciliation, Act 34 of 1995 (the Act). The Committee is further of the opinion that Phila Portia Ndwandwe is a victim as envisaged in the Act and her name and the particulars of her next-of-kin is being forwarded to the Reparations and Rehabilitation Committee for its consideration. INCIDENT 3 The incident was later reported to the 6th Applicant who explicitly approved of their actions after the event. INCIDENT 4 The Committee is further of the opinion that Sibusiso Ndlovu, Amanzi Vilakazi and Elias Gift Matjale are all victims as envisaged in the Act and their names and particulars of their next-of-kin are being forwarded to the Reparations and Rehabilitation Committee for its consideration. JUDGE A WILSON ADV. S SIGODI MR W MALAN ?? /... /... 2 /... 24