Families of Cradock Four object to amnesty for killers

The applicants - relatives of anti-apartheid activists Matthew Goniwe, Sicelo Mhlauli, Sparrow Mkhonto, Fort Calata (the Cradock Four) and Nokuthula Simelane, represented by the Legal Resources Centre - allege that, correctly interpreted, the policy amendments unlawfully allowed the prosecution authorities to grant an indemnity to the perpetrators of apartheid-era crimes - despite their failure to obtain amnesty at the TRC. According to a LRC statement on the Legalbrief Today site, it is also alleged that the policy amendments were unconstitutional and violated the constitutional principals of the rule of law and the separation of powers; the constitutional rights of the victims to life, dignity and freedom and security of the person; SA's international law obligations; and the requirements of just administrative action as set out by the Constitution and the Promotion of Administrative Justice Act 3 of 2000. At the Ginwala Commission of inquiry into Vusi Pikoli's dismissal, it came to light in papers submitted by Pikoli that he was involved in the drafting of the policy amendments, and understood them to mean that he could offer amnesty to perpetrators as long as they made full disclosure to him. Statement on the Legalbrief Today site