DECISION
The applicant was a commandant of the Special Forces and the unit under his command was seconded by the SADF to assist the South African Police in combating the onslaught by the liberation forces in the Northern Transvaal region. He acted under the command of General Joubert at the relevant time.
The applicant is applying for amnesty for his involvement in the killing of the Nietverdiendt Ten and Dr and Mrs Ribeiro. In both instances he acted under the instructions of General Joubert.
THE NIETVERDIENDT TEN INCIDENT: He testified that soon after his unit was ordered to co-operate with the Security Police unit which was operating under the command of Brigadier Cronje, he was approached by the latter to assist in the eliminating of a number of young activists from Mamelodi who were about to leave the country for training. He understood that they would cross the border, receive quick training and then return to the country. Cronje's evidence however, was that they would leave the country in order to receive full military training and would only thereafter re-infiltrate into the RSA.
The applicant testified that he was satisfied that the activists fell within the category targeted for elimination. He was informed that they have been infiltrated by a police agent (later known to be Joe Mamasela) and that they would be driven in a kombi by this agent to the Botswana border. Cronje and members of the Security would follow the kombi.
It was planned that the activists would be offered beer or other alcoholic beverages while travelling in the kombi to subdue them to a certain extent. The kombi would stop at a desolate place near the border whereafter it would be driven into the bushes where the activists would be taken out of the kombi and injected with an unknown substance to put them in a coma. This substance was obtained by Ordinance Tippet from the medical depot of the Defence Force. The injections were administered by the applicant while one if his co-applicants, Vorster, held the deceased and Tippet filled the syringes. When he was questioned why they had injected the activists with the injections, the applicants' interesting response was that it was to make their killing more humane.
The activists were thereafter ordered back into the kombi where they within minutes allegedly fell into a coma. Vorster thereafter drove the kombi to a pre-selected spot on the road leading to the border. He got out of the vehicle, pushed it down a slope and caused it to collide with a tree. He thereafter poured petrol into the vehicle, set it alight and caused an explosion either by the petrol tank or a pre-planted explosive device which might have been in the vehicle but of which the applicant and Vorster were not aware of. All of the activists were killed in the result.
Other facts and issues were dealt with in the decisions on applications 2773/96 and 3799/96.
For the reasons mentioned in those applications amnesty is also
GRANTED: in this application in respect of the following offences
1. The murders of Abram Mokolane, Samule Masilela, Sepo Sibanyoni, Jeremia Mfudi, Thomas Phiri, Jeremia Mkabula, Morris Nkabinde, Matthew Kekutle, Stephen Makenna and Elliot Sasage and/or any other person being part of a group of ten black men from Mamelodi, at or near Nietverdiendt in the district of Thabazimbi on or about 26 June 1986.
2. Desecration of the bodies of the deceased.
3. Arson and /or malicious damage of property.
4. Contravention of sections 2, 28, 29 and 39 of the Arms and Ammunition Act 75 of 1969.
5. Contravention of section 2 of the Dangerous Weapons Act 71 of 1968.
6. Contravention of sections 3, 4, 5, 6, 9 and 27 of the Explosives Act 26 of 1956.
7. Any other competent or related verdict which may be based on the same facts and which would relate to the same offence namely the murder of ten males at or near Nietverdiendt on or about 26 June 1986.
The Committee is of the opinion that the next of kin of the abovementioned deceased are victims of the Act and refer the matter for consideration in terms of section 26 of the Act.
THE RIBEIRO MURDERS
The Committee refers to the decision in application 3799/96 where we have dealt with the evidence relating to this incident.
The applicant testified that he carried out the operation after Dr and Mrs Ribeiro had been identified as targets during the first meetings between General Joubert and Brigadier Cronje. As pointed out in the decision referred to above there had already been two previous attempts to kill the Ribeiros before this operation was carried out. The applicant himself discussed the planning with Hechter of the Security Police and the latter according to him accompanied him on the evening of the murder to see whether everything worked out in accordance with the plan. Details of the plan and the execution thereof appear in the decision referred to above.
For the reasons set out in that decision and decisions in applications 2773/96 and 2776/96 amnesty is also
GRANTED: to the applicant in respect of the following offences
1. The murder of Dr and Mrs Ribeiro at Mamelodi on or about 1 December 1986.
2. Any acts of preparation, incitement, conspiring, aiding or abetting in the aforesaid murders.
3. Any acts as an accessory after the fact in respect of the aforesaid murders, including defeating the ends of justice.
4. Malicious damage to property.
The Committee is of the opinion that the next of kin of Dr and Mrs Ribeiro are victims in terms of Section 26 of the Act, the matter is referred for consideration in terms thereof.
SIGNED ON THE 21ST OF MAY 1999.
