DECISION
The Applicant applied for amnesty in respect of his role in the incident which took place during the period April/May 1987, at the abandoned shooting range at Winklespruit ("the camp"), near Durban involving the death of Ntombikayise Priscilla Khubeka ("Khubeka").
The Applicant was unable to attend the hearing of the matter which was decided by the Amnesty Committee in its decision AC/2001/124 dated 17 April 2001. The Panel hearing the matter was informed that he was apparently out of the country at the time. The application was accordingly not dealt with by the Panel. In view of the fact that the acts, omissions or offences for which amnesty is being applied for do not amount to gross violations of human rights, this matter is being dealt with in chambers.
In the interests of brevity reference will be made to the above decision which covers the issues and facts in detail. The Applicant is in the same position as Adrian David Baker ("Baker"). He was not present during nor did he participate in the interrogation of Khubeka or her death. This much is evidence from his application and the testimony of the other Applicants. The Applicant went off with Baker and Salmon Johannes Gerhardus du Preez to fetch provisions. He arrived back at the camp after Khubeka had died and "het verneem" that she had died of a heart attack. He says in his application "Ek het haar lyk waargeneem en het ook gesien dat sy weggeneem word deur sekere lede onder die bevel van Kolonel HJP Botha." It is clear from this that the Applicant understood that Khubeka had died of a heart attack and it is thus probable that he would not have paid much attention to the deceased.
In the circumstances it is unlikely that the Applicant would have seen the gunshot wound. Accordingly, despite some reservation on our part, we are willing to give the Applicant the benefit of the doubt and he is GRANTED amnesty on the same basis as Baker in the above decision for defeating the ends of justice in relation to the death of Khubeka and the disposal of her body, during the period April/May 1987, at the abandoned shooting range at Winklespruit ("the camp"), near Durban.
A victim referral has already been made.
SIGNED AT CAPE TOWN THIS 10TH DAY OF MAY 2001
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