N’WA-MUKANSI, (first names not given)

175. In determining whether the applicants had made full disclosure, the Committee gave consideration to the purpose of the list of names. The applicants testified that Mrs Derby-Lewis had prepared the list of names for innocuous reasons and that Derby-Lewis had decided to use it for a totally ...

ISSUES IMPACTING ON THE AMNESTY PROCESS 21. At the inception of the Commission, the IFP announced that it would not urge its members or IFP victims of gross human rights violations to participate in i t s processes. In spite of written representations and personal requests by senior members of the ...

Volume FOUR Chapter ONE Foreword and Context of Institutional and Special Hearings ■ INTRODUCTION 1 An important debate with which the Commission had to wrestle was, as has been fully discussed in the chapter on The Mandate, how to paint the backdrop against which such human rights ...

The testimony of Clive Derby-Lewis 132. The Committee found that Mr Clive Derby-Lewis was a seasoned politician steeped in conservative politics who had been popular in Afrikaner right-wing circles at the time of the incident. He was an English-speaking South African with a distinguished military ...

■ 1976–1982 Historical overview of the period 56 The political life of the province during this period was marked by attempts by Inkatha to consolidate its regional power base. By the late 1970s, Inkatha’s membership had swelled substantially. Chief Mangosuthu Buthelezi described Inkatha ...

Mistrust of the process 54. For a number of reasons, some victims felt that the Commission’s mandate was a pretence that would inevitably fail to deliver anything constructive. As a result some identified victims, on receiving application forms, would send the field-worker away, presumably ...

61. Three applications were received from former SADF personnel in connection with their work on target identification structures. One was received fro m Commandant Jan Anton Nieuwoudt, a member of the Home Front Section of Military Intelligence, responsible for target development. 62. The second ...

Volume FIVE Chapter TWO Victims of gross violations of human rights ■ INTRODUCTION The list which follows was taken from the database of the Truth and Reconciliation Commission (the Commission) on 30 August 1998. It contains the names of all those people who, by that date, had been found by ...

Outcome of audit 59. The task team established that more than 60 per cent of the exhumations had been adequately performed by the units in KwaZulu-Natal and Johannesburg. 60. However, it also established that there were certain serious corroboration problems in 20 per cent of the cases. In the ...

1990–1994: The transitional phase 166 The period from February 1990 changed the logic and the rules, written or unwritten, governing the contest for power in South Africa. In July 1989, President PW Botha formally received Mr Nelson Mandela to tea at the Tuynhuys, signalling the beginning of ...

The Killing of April Taliwe Ms Zanele Cecilia Taliwe [KZN/NG/006/EM] told the Commission about the killing of her husband, April, on 19 April 1992. Mr April Taliwe was a shop steward of a COSATU-affiliated trade union and was employed at the Mondi paper mill in Richards Bay. He was also an active ...

The decision of the Amnesty Committee 64. The basis of the Committee’s refusal of amnesty was that it found that both Derby-Lewis and Walus had failed to satisfy two of the three jurisdictional preconditions for the granting of amnesty as set out in section 20(1) of the Act: that is, they had ...

466 TREWITS became fully operational on 12 January 1987 when it moved into its new offices on the 7th Floor, Charter House, Bosman St, Pretoria. Documentation describes TREWITS as being: ‘n nuwe, gesamentlike poging deur die betrokke lede van die IG om ‘n hegte inligtingsbasis vir ...

The decision of the court 74. The full bench of the High Court decided that the questions to be decided were whether there was any merit in the applicants’ main points of argument. The court considered all the evidence that had been presented before the Committee, as well as the arguments by ...

Border/entrapment killings 370 Included here are two cases where the actual killings happened either on the border but not actually in South African territory or where individuals were lured out of South Africa into foreign territory to be killed by South African security forces. 371 According ...

SM Nyoka and others 346 In 1988, two ambushes occurred within days of each other near Piet Retief. All the targets were killed without any arrests being made. Amnesty applications in respect of the first ambush were received from Colonel De Kock [AM0066/97], Mr Gerrie Johan Barnard [AM5004/97], ...

Non-state perpetrators of gross human rights violations 150 There were many cases where the Commission found that the use of force by the police was excessive and thus constituted a gross violation of human rights. There were also cases where the Commission found that violence against the police ...

Gross violations of human rights committed in ANC ranks and in exile 98 The Commission heard accounts of violations committed by members of the ANC’s security structures and by guards of internment camps such as Camp 32 (Quatro), and of orders given or policies adopted by those in political ...

CHALLENGES TO AMNESTY DECISIONS Clive Derby-Lewis and Janusz Walus: The killing of Chris Hani5 1 46. The facts, issues and legal arguments in this matter are reflected in the court’s decision in the above case, handed down on 15 December 2000. A summary of the main points and aspects of the ...

35 The flight sergeant testified that such a beacon could have been used to divert and bring down a plane. The Commission was given the name of the person who built the beacon and the person who gave the orders for it to be built. 36 Two pilots flying in the area that night have said the Maputo ...