Decisions

DECISION

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These are applications for amnesty for the abduction, intimidation and unlawful detention of Christopher Mosiane; Tebogo, James and Bhuye. Full names and whereabouts of the latter are unknown.

The incident occurred in Swaziland in 1984 April 14th. At the time in question the Applicants were based at Piet Retief and worked for the South African Security Police "SASP"). The victims were members of uMkhonto weSizwe ("MK"), the military wing of the African National Congress ("ANC").

At the hearing the Applicants were the only witnesses to testify in support of their applications and although Mosiane was in attendance he did not tender a testimony. His counsel, Mr Richard, stated from the bar that he was not opposing the applications and agreed with the account given by the Applicants. He also accepted that the Applicants had acted with a political objective and had given a full disclosure.

The essential facts and evidence in the matter can be summarised as follows:

Mosiane and his compatriots were members of an MK "Special Operations" Unit in Swaziland. Deetlefs received information that four (4) MK members had been arrested in Swaziland. He contacted Visser who was of the opinion that the cadres should be secured and interrogated by the SASP. At that stage they were already aware that the ANC armed wing was planning large scale operations in the Republic of South Africa (RSA), and it was necessary to pre-empt such MK actions from taking place. Visser accordingly gave an order for their abduction and subsequently all the Applicants met at Nelston near the Swaziland border. They were preparing to enter the country and late that night they proceeded to where Mosiane and company were being held. This was at a small police station near the border of the RSA and Swaziland.

On arrival there the Applicants found that there was only one policeman on duty. Without using any force they persuaded him to hand over the suspects. neither had a threat been made to secure the policeman's co-operation. The suspects were then bundled into one of the two vehicles the Applicants had used for the operation and leg-ironed them to prevent them from escaping. They were told to co-operate otherwise they would be killed and dropped on the side of the road. It is clear that the cadres were very much scared of being killed. They co-operated.

The Applicants then proceeded with the captives into the RSA. Although when the Applicants came into Swaziland they had come through the border post, on return they entered RSA through the forest by cutting an opening into the fence. The suspects were held at Piet Retief where they were detained in terms of Section 29 of the Internal Security Act. Through their co-operation large caches of arms were retrieved from Dead Letter Boxes. Acts of insurrection which had already been planned by MK were prevented.

When it became clear that Mosiane and his compatriots had decided to co-operate with the police, they were transferred to Vlakplaas where they worked with Eugene de Kock. There they were subsequently involved with the notorious Vlakplaas Security Police Unit in a number of actions to counter the activities of liberation movements.

After considering the evidence we are satisfied that the incident occurred as the result of the conflicts of the past. There is no doubt that the Applicants have made a full disclosure of the relevant facts, and have complied with the administrative requirements of the Act.

Amnesty is therefore GRANTED to all the Applicants for the following crimes and offences:-

1. The abduction, unlawful detention and intimidation of

Christopher Mosiane,

Tebogo,

James and Bhuye;

2. leaving Swaziland and entering RSA illegally; and

3. For any offence or delict flowing from the incident.

It is recommended that the victims be declared victims in terms of the Act.

DATED at CAPE TOWN this day of 2000

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ACTING JUDGE J MOTATA

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MR W MALAN

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ADV N SANDI