DECISION
The applicant applies for amnesty in respect of a number of incidents. This Committee dealt with the following incidents:-
1. The Ribeiro murders-incident 4 in his application.
2. The Piet Ntuli murder-incident 5 in his application.
3. The KwaNdebele 9-incident 3 in his application.
Re: THE RIBEIRO MURDERS
The applicant was a major in the Security Branch of the SAP. He testified that he was approached by captain Jacques Hechter of the Security Police on 1 December 1986 to act as a sweeper on the murder scene after the Ribeiros had been killed. That would involve that he should rush to the scene to take control and see to it that Murder and Robbery be called and if necessary to remove damning evidence.
During the early evening Hechter called him by radio and ordered him to go to the scene. On his arrival the corpses were already removed and he thereupon called the Murder and Robbery branch of the SAP to take over the investigations. He saw 9 millimetre cartridges on the scene but under cross-examination conceded that it would have been 45 cartridges.
He is applying for amnesty as an accessory after the fact and for defeating the ends of justice. He did not partake in the planning of this particular attack or took part in the execution of the murders. He was, however, aware that a murder was planned and visited the scene thereafter without informing the investigation team thereof.
The Committee is satisfied that the application has met the requirements of the Act relating to amnesty. His application should be read together with the decisions in applications 2773/96, 2776/96 and 3799/97 wherein the facts are more fully dealt with.
Amnesty is
GRANTED: in respect of the following offences
1. Any acts of preparation, conspiring, aiding or abetting and as an accessory after the fact in respect of the murders of Dr and Mrs Ribeiro at Mamelodi during or about December 1986;
2. Any other offence directly linked and directly connected to the facts and disclosed in the applicant's application and evidence and related to the murders of Dr and Mrs Ribeiro including defeating the ends of justice;
Re: THE PIET NTULI MURDER
The facts has been fully dealt with in the decision in application 2773/96. For the reasons mentioned there and because the Committee is satisfied that the application complies with the requirements of the Act, amnesty is
GRANTED: to the applicant in respect of the following offences
1. The murder of Piet Ntuli in KwaNdebele about July 1986 and the following offences connected herewith;
a. malicious damage to property,
b. contravention of the Arms and Ammunition Act 75 of 1969;
c. contravention of the Dangerous Weapons Act 71 of 1968;
d. contravention of the Explosives Act 27 of 1956.
2. Any act of preparation, conspiring, aiding or abetting in the aforesaid murder.
3. Any act as an accessory after the fact in respect of the aforesaid murders, including defeating the ends of justice.
The Committee is of opinion that the next of kin of Piet Ntuli are victims in terms of Section 26 of the Act and refer the matter for consideration in terms thereof.
SIGNED ON THE 21ST OF MAY 1999.
