DECISION
The Applicants make application in terms of the Promotion of National Unity and Reconciliation Act No 34 of 1995 as amended (the Act) for amnesty in respect of one count of arson, one count of malicious damage to property, unlawful possession of firearms and ammunition, contravention of the Explosives Act and attempted murder of an unidentified person. The incident took place at or near Tweefontein, KwaNdebele in around about June 1986.
First Applicant was stationed at the Security Branch at Northern Transvaal as part of a specially selected team to investigate "unrest crimes." HE shared an office with Lieut Hechter as this team worked closely with the Security Police. He was told that a petrol station in KwaNdebele must be blown up to intimidate the owner because he was involved in assisting political activists. The investigating team's participation in such operations gradually grew with time. It was strictly said by Hechter that life or limb, as far as possible, should not be put at risk in this operation. Hechter mentioned that there might be a night watchman, but it was accepted that this aspect had been checked before Hechter indicated that the attack should commence.
The Applicant accepted that Cronje had sanctioned the attack. This was confirmed by Cronje's comments in regard thereto, the next day. Hechter indicated that the necessary weapons would be provided. First Applicant was given four rockets and a launcher by Hechter with an order to direct the rocket at the building. He had a good idea where the station was located when it was explained which building was the target. He did not know the owner though he knew the general area.
They left headquarters in a motor vehicle during June 1986. It was Hechter, Van Jaarsveld, Second Applicant, Third Applicant (the driver), another person, possibly Mamasela and First Applicant in this motor vehicle.
When they drove past at first, Hechter told each one what he had to do. The attack occurred about 1.30 a.m.
First Applicant fired three of the rockets and saw Hechter and another going to the pumps with a bomb. The underground tanks later exploded because the bomb had been placed on the opening of the tanks. First Applicant was at all times subordinate to Hechter who was a Captain. After the attack, the group left and went back to headquarters. David Moloto was injured in the attack. He later died of some other cause.
Second Applicant was a Sergeant at the time and also a member of the same investigating team stationed at Security Police at Northern Transvaal. Shortly before the incident, sharing an office with Hechter and first Applicant, Hechter ordered him to be part of an operation to blast a petrol station because the owner was assisting Umkhonto weSizwe (MK) members. It was to intimidate the owner.
Second Applicant was armed with an AK47 obtained from Hechter. He shot directly at the buildings in order to damage it.
The Third Applicant, was at the time a member of the Security Police at Compol and was part of the team that was involved in this attack. He was armed and participated under the command of Captain Hechter at the time. He was a Detective Sergeant. Capt Hechter instructed him to be part of this operation. He was the driver of the motor vehicle transporting the group to and from the scene. He was informed what the nature of the operation was and that the petrol station would be attacked because the owner was assisting MK members.
Upon hearing of the plan and the nature of the operation, he appreciated the possible results of such an attack and associated himself therewith. he drove the vehicle with all the other participants of the operation thereby facilitating the operation.
The evidence that was presented to the Committee is that Hechter told the First and Second Applicants (who were outsiders to the Security Police) that the operation was planned to intimidate the owner, Mr Shabangu. However, he separately told the Third Applicant, who was a member of the Security Police, that the attack was designed to shoot activists.
In addition it has come to the Committee's notice that Hechter took in hand this operation upon request of his junior, one Tony Bester, who was also a member of the Security Police. This in itself raises doubts as to the actual reason for the operation. Joe Mamasela an erstwhile colleague of Hechter, was asked by him to confirm information that students were to e found at the property in question. He was told by Hechter that the intentions was to attack the group of activists.
Significantly Third Applicant and Mamasela, both directly connected to the Security Police were given one version while the "outsiders" were given another reason for the attack.
All these factors raises doubt as to the actual reason for the attack. (from the planners and decision makers point of view). However, the lower ranked persons, including all three Applicants, are in quite a different position. They all were involved in a bona fide way and participated in the attack on the basis of what they were told by Capt Hechter, their superior.
The Applicants have all fulfilled the formalities as set out in the Act. It is clear that the incident took place, insofar as the three Applicants area concerned, within the political atmosphere of the time. The Committee is also of the opinion that they have all made a full disclosure of the facts, related to the commission of the incident, insofar as they are affected.
In the result, the amnesty in respect of all delicts and offences which flow, directly and indirectly, from this incident is GRANTED to all the Applicants.
SIGNED AT CAPE TOWN THIS THE 29TH DAY OF MARCH 2001
JUDGE R PILLAY
ADV F BOSMAN
MR JB SIBANYONI
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