decisions AMNESTY DECISIONS EUGENE ALEXANDER DE KOCK,JOHANNES KOOLE,KIMPANI PETER MOGAI,THAPELO JOHANNES MBELO,GERHARDUS STEPHANUS SCHOON,PAUL JACOBUS VAN DYK,FREDERICK JOHANNES PIENAAR,GERHARDUS CORNELIUS BEESLAAR,MZUZI AUBREY MNGADI,ALMOND BUTANA NOFEMELA AM0066/96,AM3748/96,AM3749/96,AM3785/96,AM5006/96,AM5013/96,AM5014/96,AM5640/96,AM8033/96,AM0064/96 GRANTED/REFUSED https://sabctrc.saha.org.za/hearing.php?id=59522&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2001/ac21241.htm DECISION The applicants apply for various acts in an operation where Mr Jameson Ngoloyi Mngomezulu was abducted from his home in Swaziland, seriously ill-treated, eventually killed and his body disposed of through an explosion at Sodwana Bay. Each and every other Applicant denied any involvement by De Kock during the operation. The question that really arises is whether in view of these inconsistencies a truthful disclosure has been made and further whether De Kock has been falsely implicated in this regard. After a careful consideration of the matter, we have not been able to find any reason for a wilful false implication on the part of the two Applicants against De Kock and ascribe their testimony in this regard to poor memory or faulty recollection of facts. The Committee is therefore satisfied that Applicants Two, Three, Four, None and Ten have made a full disclosure as required by the Act. We now turn to the assessment of the evidence of the Fifth, Sixth and Seventh Applicants on the one hand and that of the Eighth Applicant on the other hand. Applicants 5, 6 and 7 all gave oral testimony at the hearing. Responding to questions put by the panel, Van Dyk said: They moved Mngomezulu to Josini where he was further interrogated and assaulted, also by Schoon. Responding to other questions, Beeslaar remembered the incident to have lasted from the late Saturday afternoon to the following Thursday. Central to the issue, is the requirement of full disclosure. The Schoon, Van Dyk, Pienaar version on the other hand is full of improbabilities such as:- The probabilities therefore are that it was decided at Leeuwspoor to kill Mngomezulu, that the black members and Askaris were ordered to return to the base at Moolman, that explosives were collected at Schoon's office in Josini and that Mngomezulu was subsequently killed somewhere on the beach at Sodwana and his body disposed of by explosives. The Committee is satisfied that the incidents in respect of which amnesty is sought fall within the ambit of the Act insofar as they occurred within the context of the political conflict of the past and (on all the versions) would have been perpetrated with a political objective as envisaged in the Act. The Committee therefore finds that Beeslaar, although not clear on detail, made an honest, truthful and full disclosure and he is therefore GRANTED amnesty. De Kock (1st Applicant), Koole (2nd Applicant), Mogai (3rd Applicant), Mbelo (4th Applicant) Mngadi (9th Applicant) and Nofemela (10th Applicant) made a full and truthful disclosure and they are all GRANTED amnesty. To summarize, amnesty is GRANTED to the First, Second, Third, Fourth, Eighth, Ninth and Tenth Applicants and REFUSED to the Fifth, Sixth and Seventh Applicants. The Committee is further of the opinion that Jameson Ngoloyi Mngomezulu is a victim as defined in the Act and his name and particulars of his next-of-kin are being referred to the Committee on Reparation and Rehabilitation for consideration. JUDGE S KHAMPEPE JUDGE N J MOTATA MR W MALAN ?? /... 4 _ /... 27