decisions AMNESTY DECISIONS 2001-02-07 CAPE TOWN JOHAN HENDRIK LE ROUX,EUGENE ALEXANDER DE KOCK,WILLEM ALBERTUS NORTJE,EUGENE FOURIE,DAVID JACOBUS VAN DER WALT,THAPELO JOHANNES MBELO,SIMON MAKOPO RADEBE AM4148/96,AM0066/96,AM3764/96,AM3767/96,AM3769/96,AM3785/96,AM7249/96 GRANTED/REFUSED https://sabctrc.saha.org.za/hearing.php?id=59551&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2001/ac21272.htm DECISION The Applicants applied for amnesty in respect of the crimes committed by them in relation to the kidnapping, torture and murder of Japie Kareng Maponya (the Deceased) which took place on 25th and 26th September 1985. The facts pertaining to the events which led to the death of the Deceased which are common cause to the Applicants may be summarised as follows: During or about May 1985 the West Rand Security Division of the South African Police, which was under the command of Johan Hendrik Le Roux (the 1st Applicant), was requested by the Pretoria Security Branch to assist in the tracing of Odirile Meshack Maponya, a brother of the Deceased, who was the commander of an uMkhonto weSizwe (MK) unit and who was suspected of having been involved in the murder of Warrant Officer Tswane, a member of the South African Police. Thereafter, on or about 25th September 1985, certain members of Vlakplaas including Willem Albertus Nortje (the 3rd Applicant), David Jacobus van der Walt (the 5th Applicant), Thapelo Johannes Mbelo (the 6th Applicant), Simon Makopo Radebe (the 8th Applicant) and the Askaris (former members of liberation movements who had been turned to work for Unit C1) Gaboutlwelwe Christopher Mosiane (the 7th Applicant), Almond Butana Nofemela and Bhekintaba Moses Nzimande proceeded to Krugersdorp. The interrogation was called off by the 2nd Applicant when he realised that no useful information regarding the whereabouts of Odirile Maponya would be obtained from the Deceased. The Deceased was then cuffed to a steel bed which was in a storeroom on the farm and was made to spend the night there. The body of the Deceased was never recovered. The Deceased was not a political activist. The 2nd Applicant testified that the incident relating to the Deceased was a West Rand Division operation and was at all times under the command of the 1st Applicant. The other major discrepancy between the evidence of some of the Applicants concerns the presence or otherwise of Frederick Johannes Pienaar at the scene of the murder of the Deceased. We accordingly find that the probabilities favour the versions of the 3rd, 4th and 5th Applicants in this respect and we accordingly find that the spade was taken from Vlakplaas and that Pienaar was present at the place where and when the Deceased was killed. Section 20(2) of the Act provides, inter alia, as follows: Section 20(3) of the Act provides, inter alia, as follows: With regard to the first of the requirements set out in Section 20(1) we are satisfied that the applications of all the Applicants comply with the requirements of the Act in that they were duly completed in the correct form and were timeously submitted. We are accordingly of the view that the crimes committed by the 1st, 2nd and 3rd Applicants in regard to the Deceased were not acts associated with a political objective as envisaged by the provisions of the Act. In the result: We are of the opinion that Maureen Zondi, the common law wife of the Deceased, the daughter of the Deceased whose name is not know to us, Andries Eximeleng Maponya, Akanyang Daniel Maponya, Kenneth Maponya, who were the brothers of the Deceased and Julia Maponya, the sister of the Deceased are victims and this matter is referred to the Committee on Reparation and Rehabilitation for its consideration in terms of the Act. SIGNED AT CAPE TOWN ON THIS THE 7TH DAY OF FEBRUARY 2001 JUDGE A WILSON ACTING JUDGE C DE JAGER MR J B SIBANYONI ?? /... 4 /... 33