decisions AMNESTY DECISIONS EUGENE ALEXANDER DE KOCK,CHRISTO PETRO DEETLEFS,FREDERICK JACOBUS PIENAAR,EUGENE FOURIE,PAUL JACOBUS VAN DYK,CORNELIUS JOHANNES BOTHA,ISAK DANIEL BOSCH,BUTANA ALMOND NOFOMELA,DOUW GERBRANDT WILLEMSE AM0066/96,AM5001/97,AM5014/97,AM3767/96,AM5013/97,AM5015/97,AM3765/96,AM0064/96,AM3721/96 GRANTED/REFUSED https://sabctrc.saha.org.za/hearing.php?id=59430&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2001/ac21148.htm DECISION ___________________________________________________________ These are applications for amnesty in terms of Section 18 of Act 34 of 1995 ("the Act"). The Applicants, who will be referred to by their surnames in the interests of brevity, applied for amnesty in relation to their respective roles on 14 August 1986, in the vicinity of the South Africa - Swaziland border near the T-junction between the Lothair -Nerston road and the Nerston/Amsterdam road and/or at a place along the Nerston - Amsterdam road, in the then Transvaal: The evidence of the Applicants is briefly the following: This then in brief were the relevant aspects of evidence on behalf of the Applicants. It remains to be decided whether the Applicants meet the requirements of Section 20(1) of the Act as to whether "the act, omission or offence to which the application relates is an act associated with a political objective committed in the course of the conflicts of the past in accordance with the provisions of sub-sections (2) and (3)." The Committee is satisfied that the offences were committed in the course of the conflicts of the past and that all the Applicants fall within the provisions of Section 20(2). The Committee, after considering the guidelines set out in Section 20(3) is thus satisfied that except in relation to De Kock, Pienaar and Deetlefs in relation to the driver's death, the offences committed were associated with a political objective. In the result, amnesty is GRANTED to all the Applicants in relation to their respective roles on 14 August - November 1986, in the vicinity of the South Africa - Swaziland border near the T-junction between the Lothair - Nerston road and the Nerston - Amsterdam road and/or at a place along the Nerston -Amsterdam road, in the then Transvaal: Amnesty is also GRANTED to Botha, Fourie, Greyling, Bosch and Labuschagne with regard to the killing of Shadrack Maphumulo on the same date and place referred to above and defeating the ends of justice, perjury and other related acts, omissions or offences in respect of the cover-up of their actions in connection with this killing. De Kock, Pienaar and Deetlefs are REFUSED amnesty in respect of the killing of Shadrack Maphumulo and the related cover-up of his death. The Committee is of the opinion that Vusimusi Lawrence Sindane and the relatives and dependants of Mbongeni Kone (MK Bernard), Shadrack Msolwa Sithole, Assen Jeremia Thimula (MK Tallman), Mzwandile Hadebe (MK Zandile) and Shadrack Maphumulo are victims and they are referred to the Committee on Reparation and Rehabilitation in terms of Section 22 of the Act for its consideration in terms of Section 26 of the Act. ______________________ JUDGE A. B. M. WILSON ______________________ MR I LAX ______________________ MR J B SIBANYONI ?? 2 2 /... 11 12