DECISION
THE NIETVERDIENDT INCIDENT
The applicant was a member of the Special Defence Force and had at the relevant time the rank of major. When he participated in this incident he was under the command of General Joubert and Commandant Naude who applied for amnesty - see Application No.3799/96 and 5453/97 where the facts are fully dealt with and his particular involvement has been discussed therein.
Having considered all the evidence before us we are satisfied that the applicant has met the requirements laid down in section 20(1) of the Act;
that he falls within the requirements laid down in section 20(2)(b) and 20(f);
and that the offences for which amnesty is sought were associated with a political objective as defined in section 20(3) of the Act.
In the result amnesty is
GRANTED: to the applicant in respect of the following offences
1. The murders of Abram Mokolane, Samuel 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 Explosive 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 opinion that the next of kin of the abovementioned deceased are victims in terms of the Act and refer the matter for consideration in terms of section 26 of the Act.
SIGNED ON THE 21ST OF MAY 1999.
