6 March 2000
Amnesty Committee of Truth and Reconciliation Commission today has granted amnesty to four senior security police involved in the killing of a Congress of South African Student (Cosas) leader Siphiwo Mthimkulu and Topsy Madaka in April 1992.
Nicolaas Van Rensburg, Hermanus Du Plessis, Gerrit Erasmus and Gideon Niewoudt applied for amnesty for killing the two activits. Judge Andrew Wilson and Advocate Chris de Jager SC granted the four applicants amnesty meanwhile another committee member Advocate Ntsiki Sandi refused amnesty to the four applicants.
The committee found that the four have met the requirements of the act that of making full disclosure of all relevant facts. " They have certainly disclosed full how they abducted the deceased, killed them, where they killed them and what happened to their remains.
" Not only in evidence but also in their applications they disclosed the facts about the alleged poisoning of one of the deceased. Its is also true that no evidence was laid before the committee to prove that they were responsible for the poisoning ", the committee concluded.
The committee further granted amnesty to Erasmus, Van Rensburg and Du Plessis for the conspiracy to abduct and murder Mtimkhulu and Madaka.
Amnesty was also granted to Van Rensburg for perjury committed before the Harms Commission in 1990.
Adv. Sandi in his decision pointed out that the four applicants should be refused amnesty for all offences. He said the applicants failed to met the requirements of the act that of a political motive and full disclosure of all relevant facts.
" The conclusion is inescapable that the abduction and murder of Madaka occurred because he happened to be in company of Mtimkulu that fateful evening. Evidence has been led that Madaka used to transport Mtimkulu with his own vehicle and in the circumstances its was inevitable that one day he would be caught up I a cross fire between Mtimkulu and security police.
" The act not only requires of applicants to show that they acted with the aim of achieving a political objective but they are also required to be truthful to the committee about authentic motive when they committed crimes for which they are seeking amnesty " Sandi added.
Meanwhile two Durban security police were also granted amnesty for shooting and killing an ANC cadre Mthunzi Njakazi at Warwik Avenue near Berea railway police station on January 28 1991. Tjaart Van Der Walt Fourie and Johhaness Hendrik Cloete applied for amnesty following an incident where the two applicants were instructued by their seniors to assist two askaris. The applicants proceeded to the scene and handed askaris a hand grenade which was planted at the scene.
The committee found that the two applicants have met the requirements of the act. Also granted amnesty by the committ!ee was an Azapo member Kani Naane for his conviction in the Wynberg regional court for escaping from custody and theft. He was sentenced for four years imprisonment portions of which was suspended.
Issued by: Truth and Reconciliation Committion
Phila Ngqumba 021 - 4238741 0824588463