DECISION
The applicants apply for amnesty in respect of their involvement in the killing of ten men from Mamelodi on or about 26 June 1986 near Nietverdiendt in the district of Thabazimbi.
The facts and the evidence have already been dealt with in the decisions on Applications 2773/96, 2776/96, 5453/97 and 3799/96.
It remains, however, to deal with the applicants role in the incident referred to.
The applicants, in their evidence referred to the importance of Botswana as a basis for the liberation movements and the infiltration of M.K. soldier from there to the Republic using routes through the then Western Transvaal. Brigadier Loots was the Regional Commander of Western Transvaal, stationed at Potchefstroom.
Colonel Crause was at the time the Branch Commander of the Security Police at Zeerust. Both referred extensively to the conflict of the past and the evidence given in this respect by inter alia General van der Merwe.
In this respect the committee would like to refer to the decision in the Cronje application where we dealt with this aspect. These applications relate to the decision referred to above (application 2773/96) where the facts and circumstances concerning the murder of the ten young men from Mamelodi were dealt with in detail.
Crause testified that Cronje and Charl Naude of the Special Forces Unit visited him at Zeerust and requested him to find a suitable spot near the Botswana Border where the 10 activists could be confronted and be eliminated. Crause there upon phoned his Commander Loots at Potchefstroom who decided that he himself should go to Zeerust to accept responsibility for the involvement of his sub-ordinates in the operation.
Loots after his arrival, was informed of the plan to eliminate the 10 activists and associated himself therewith. He instructed Crause to identify a suitable terrain for the execution of the plan. A desolated farm was identified where members of Special Forces and members of the Vlakplaas unit of the Security Police would inject the activist with a substance which would cause them to fall in a comma. Thereafter they would be driven to another spot on the road towards the Botswana border where an accident would be staged and the activists would be killed in a subsequent explosion and the vehicle would be burned.
Both applicants acted during the operation under the borders of Cronje. They didn't partake in the operation except in so far as they accompanied Cronje and identified the spots where the operation would be carried out. They however associated themselves therewith.
The committee, having considered the evidence and the applications, is satisfied that the application meet the requirements of Act 34 of 1995.
Amnesty is
GRANTED: to both applicants 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 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 section 3,4,5,6,9 and 27 of the Explosive Act 26 of 1956.
7. Any other competent or related verdict 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 DAY OF MAY 1999.
JUDGE A MALL
JUDGE S KHAMPEPE
ADV C DE JAGER SC
