DECISION
The applicants apply for amnesty for their involvement in the murder of Mr Piet Ntuli.
At the time they were members of the murder and robbery unit of the SAP working in Kwa-Ndebele and investigating inter alia criminal offences related to the activities of Mr Ntuli. They worked in close cooperation with the security police. Their commander was brigadier van Wyk and they were stationed near Siyabuswa.
During the day of the murder brigadier Cronje of the security police visited the camp where they were stationed. He requested the above applicants to accompany him and other members of his unit to the government offices in Siyabuswa. Cronje had a conversation with van Wyk which the applicants did not overhear. He was however present when the applicants left with Cronje and did not inquire after the applicants about their trip with Cronje. They proceeded to a spot near the official residence of the prime minister where they had a braai while keeping the government buildings under observation. The applicants were then informed of the plan to assassinate Mr Ntuli.
As would more fully appear from the decisions in application 2773/96 and 3757/96 the two applicants were responsible for the actual detonation of the car bomb which caused the death of Mr. Ntuli. They controlled the detonators, that caused the bomb to explode. At the time they acted on the orders of brigadier Cronje.
Although they were not in the same unit, wherever members of the different units were working together they obeyed the order of the senior officer in charge of the specific operation.
For the reasons already set out in the decisions referred to, amnesty is
GRANTED: to the applicant in respect of
1. The murder of Piet Ntuli in Kwa-Mhlanga, Kwa-Ndebele during or about July 1986 and the following offences connected therewith.
. malicious damage to property
. contravention of the arms and ammunition act, 75/1969
. contravention of the Dangerous Weapons Act,71/1968
. contravention of the Explosives Act 27 of 1956.
2. Any act 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 DAY OF MAY 1999.
JUDGE A MALL
JUDGE S KHAMPEPE
ADV C DE JAGER
