DECISION
The Applicant applies for Amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 as amended. His co-applicants in the hearing were Cronje, Hechter, Venter and Mentz and the various decisions flowing from Amnesty Applications No. 2773/96, 2774/96, 2775/96, 2776/96 and this application should be read together.
These matters should further be considered against the evidence of General Johan van der Merwe, a former Commissioner of the South African Police. He gave evidence of a general nature explaining circumstances under which members of the police worked during the time of political turmoil in the country and also how they might have understood their instructions in the light thereof. His evidence has been dealt with fully in our decision dealing with Brigadier Jan Hattingh Cronje's application for amnesty No 2773/96. In fact it was agreed among all interested parties that the evidence of General van der Merwe, which was heard right at the beginning, would apply to this matter as well. Secondly, the political motivation given in the papers in this matter is the same, almost word for word, as that contained in Brigadier Cronje's application referred to above. Therefore, except to the extent that it is necessary to do so, we will not in this matter deal with these two aspects again. We adopt the same approach in the other related applications.
The Committee finds the application of the Applicant formally in order. The Applicant applied for amnesty in resect of 18 incidents wet out under Schedules 1 to 18 in his application. The Committee will deal with the different incidents as referred to under the schedules.
SCHEDULE 1
THE MOUTSE BOMB
This incident has been dealt with under Schedule 16 in the decision under Hechter's Application No. 2776/96.
For the reasons set out in that decision,
AMNESTY IS GRANTED: to the Applicant in respect of the following offences which are related to the incident known as the Moutse Bomb Blast
a) Malicious damage to property;
b) Contravening sections 2, 28, 29, 32, 36 and 39 of the
Arms and Ammunition Act No. 75 of 1969;
c) Contravening section 2 of the Dangerous Weapons
Act, No. 71 of 1968;
d) Contravening sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, No. 26 of 1956.
e) Intimidation;
f) Attempted murder;
g) Arson.
SCHEDULE 2
ASSAULTS DURING INTERROGATIONS
The applicant asked for amnesty in respect of assaults, intimidation and humiliation during interrogations in the period 1985 to 1989 in Pretoria. No names, dates or definite particulars could be given.
AMNESTY IS THEREFORE REFUSED: .
SCHEDULE 3
VARIOUS INCIDENTS OF ARSON RELATING TO THE BURNING OF HOUSES IN MAMELODI, SOSHANGUVE AND ATTERIDGEVILLE DURING THE PERIOD 1985 AND 1987.
The Committee refers to its decision under Schedule 4 of Hechter's application No. 2776/96.
A similar order is made in this application and
AMNESTY IS GRANTED: in respect of
1. Various incidents of Arson relating to the burning of houses in Mamelodi, Soshanguve and Atteridgeville during the period 1985 to 1987 and any offences flowing from any deaths or injuries that may have resulted from the burning of these houses.
2. Contravening Section 2 of the Dangerous Weapons Act, No. 71 of 1968.
SCHEDULE 4
THE ASSAULT ON AN ACTIVIST, LIVING IN MAMELODI DURING 1985/1986.
The Applicant acting under instructions of Colonel Loots, arrested and interrogated an activist who acted as courier for the ANC and who allegedly harboured two ANC cadres. During the interrogation the activist was assaulted. The Applicant acted together with Sergeant Eric Goosen and Calla Botha. They severely assaulted the victim but did not obtain any information of value.
The Committee, after considering the application, the relevant documentation and the evidence is satisfied that the requirements wet out in Section 20 of Act 34 of 1995 have been met and
AMNESTY IS GRANTED: in respect of the offences related to the incident known as the assault on an activist living in Mamelodi during 1985/1986 and set out hereunder
a) Intimidation;
b) Crimen Injuria;
c) Assault with intent to cause grievous bodily harm;
d) And all other competent verdicts and delicts based on the facts of this incident.
SCHEDULE 5
THE KILLING OF AN UNIDENTIFIED PERSON, ASSAULT WITH INTENT TO CAUSE GRIEVOUS BODILY HARM, KIDNAPPING, AT DIE BRON.
The Applicant testified that this incident took place in or about 1986 and 1987 at Die Bron. he stated that he was in the company of Captain hechter and Masamela, he cannot remember why this ANC activist had been arrested but can only speculate that he could have been arrested for purposes of interrogation or elimination. At one stage the activist was put inside the boot of a car which contained weapons. The applicant had expressed fear to Captain hechter that the activist had been put into the boot with weapons. Other than these facts the Applicant does not remember how the deceased was killed, nor why, save for the fact that they spent the night at Die Bron on that particular day.
To the extent that this is the case, we cannot be in a position to determine whether the killing was an at associated with a political objective or indeed whether it constituted an offence at all so as to give cause to the granting of amnesty. The Applicant does not know how the activist was killed nor who killed the activist.
From the evidence before us it does not appear that the Applicant participated in any act that constitute or could constituted an offence or delict and if we cannot find whether the killing was associated wit a political objective it follows that the Applicant's application cannot succeed.
Application for
AMNESTY IS THEREFORE REFUSED: .
SCHEDULE 6
THE RIBEIRO CONSPIRACY.
The Applicant testified that months before the Ribeiro's were killed he and Hechter, took up positions near the Ribeiro house with the intention to kill Dr Ribeiro. However the attempt was abandoned when Dr Ribeiro didn't turn up that night.
AMNESTY IS GRANTED: to the applicant in respect of the conspiracy to kill Dr Ribeiro, which was not proceeded with.
See also Schedule 8 of the decision in Application No. 2773/96 of Cronje and Schedule 15 of the decision in Hechter's applicant No. 2776/96.
SCHEDULE 7
THE INCIDENT RELATING TO BISHOP MAKWATSHWA.
The Committee refers to its decision under Schedule 25 in the application of Hechter, Application No. 2776/96.
For the reasons set out in that decision a similar order is granted in this application.
AMNESTY IS GRANTED: to the Applicant in respect of the following offences
a) Conspiracy to murder and/or attempted murder of Father Mkatshwa in Durban during or about 1987 and the following offences connected therewith.
b) Contravening Sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act, 75 of 1969;
c) Contravening Section 2 of the Dangerous Weapons Act, 71 of 1968;
d) Contravening Sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, 26 of 1956;
SCHEDULE 8
THE BOMBING OF THE ZOZO HUT IN MAMELODI.
(See also Application No. 2776/96 Schedule 24)
The two Applicants, Van Vuuren and Hechter both at the time members of the Security Police, received information that two political activists lived in a particular ZOZO house which was at the back of a certain house in Mamelodi. The allegations against the two activists, supposed to be members of the African National Congress, were that they were responsible for arson, consumer boycotts, school boycotts, intimidation etc. First Applicant personally made a bomb and the two repaired to the supposed address where the bomb was thrown at the zozo. The zozo house was damaged. It turned out that they had attacked the wrong Zozo house.
The attack took place during the period of political unrest in the country and was meant to undermine political opponents of the then government.
The bombing of the zozo is an act associated with a political objective. The other requirements for amnesty having been met, both Applicants are therefore
HEREBY GRANTED AMNESTY: in respect of the offences
Malicious damage to property namely a zozo house in Mamelodi during 1987, and the following offences connected therewith:
a) Arson.
b) Contravening Section 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act, 75 of 1969.
c) Contravening Section 2 of the Dangerous.Weapons Act, 71 of 1968.
d) Contravening Sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, 26 of 1956.
SCHEDULE 9
THE MURDERS OF MAKUPE, MAAKE AND SEFOLA.
The Committee has fully dealt with these incidents and related matters under Schedule 11 of the decision in Application No. 2776/96.
A similar order is made in this application and
AMNESTY IS GRANTED: to the Applicant in respect of the following offences
a) The murder of Makupe, Maake and Sefola.
b) Assault with intention to do grievous bodily harm;
c) Violating dead bodies;
d) Contravening Section 2 of the Dangerous Weapons Act, 71 of 1968;
e) Contravening Sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, 26 of 1956.
SCHEDULE 10
THE MURDER OF JEFFREY SIBIYA AND MPHO.
This matter has been fully dealt with in Application No. 2776/96 under Schedule 9.
For the reasons set out in that decision
AMNESTY IS ALSO GRANTED: to this Applicant in respect of
a) The murders of Jeffrey, Sibiya and Mpho;
b) Contravening sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act No. 75 of 1969;
c) Contravening section 2 of the Dangerous Weapons Act, No. 71 of 1968;
d) Contravening sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, No. 26 of 1956;
e) Intimidation;
f) Conspiracy to commit the offences mentioned or any other competent verdicts;
g) Arson;
h) Desecration of the corpses/of the bodies of the deceased;
i) All delicts flowing from the facts related to the murder and/or any of the abovementioned offences.
SCHEDULE 11
THE MURDER OF AN UNKNOWN ACTIVIST DURING 1986/1987 IN BOPHUTHATSWANA.
The Committee refers to the decision under Schedule 12 of Application No. 2776/96.
AMNESTY IS ALSO GRANTED: to this Applicant in respect of
a) The murder during 1986/1987 near Warmbaths of an activist who was a member of the Sefola-cell.
b) Contravening sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act No. 75 of 1969;
c) Contravening section 2 of the Dangerous Weapons Act, No. 71 of 1968;
d) Contravening sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, No. 26 of 1956.
e) Intimidation;
f) Conspiracy;
g) Arson;
h) Desecration of the corpses/of the bodies of the deceased.
i) All the other competent verdicts and delicts flowing from the aforementioned offences.
SCHEDULE 12
THE ATTEMPTED MURDER OF JERRY THIBEDI; AND THE BOMBING OF HIS HOUSE.
This matter has also been fully dealt with under Schedule 13 of Application No. 2776/96.
AMNESTY IS ALSO GRANTED: to this Applicant on the grounds set out in the decision in respect of
a) Conspiracy to murder Jerry Thibedi;
b) Attempted murder of Jerry Thibedi;
c) Contravening sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act No. 75 of 1969;
d) Contravening sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, No. 26 of 1956.
e) All other offences relating to the attack on Jerry Thibedi and/or his house during 1986 or 1987 in Bophuthatswana.
SCHEDULE 13
THE ASSAULT ON SCHEEPERS MORUDI.
For the reasons set out in the decision under Schedule 10 of Hechter's Application No. 2776/96
AMNESTY IS ALSO GRANTED: to this Applicant in respect of the following offences relating to the assault on Mr Scheepers Morudi.
a) Assault with intent to do grievous bodily harm;
b) Contravening sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act No. 75 of 1969;
c) Contravening section 2 of the Dangerous Weapons Act, No. 71 of 1968;
d) Contravening sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, No. 26 of 1956;
e) Intimidation;
f) Conspiracy;
g) Malicious damage to property.
SCHEDULE 14
THE ATTEMPTED ATTACK ON CHAWN.
For the reasons already set out in the decision on Application No. 2776/96 Schedule 21,
AMNESTY IS ALSO GRANTED: to this Applicant in respect of the following offences
Conspiracy to murder and/or attempt to murder an unidentified person, believed to be named Chawn, in Watermeyer Street, Pretoria, during 1986 or 1987 and the contravention of Sections 3, 4, 5, 6, 9 and 29 of the Explosives Act, 26 of 1956 in connection therewith.
SCHEDULE 15
THE ASSAULT ON REV. HOFMEYER.
Hofmeyer was assaulted while he was allegedly in bed with one Lebisi, a known activist. He was drawn naked out of the bed, paraded naked in the room, insulted and assaulted. He was arrested and detained but released after the intervention of Rev. Heyns. On his way out while in the lift Hofmeyer made an insulting remark relating to the Applicant, whereupon he was again assaulted by the Applicant. These assaults had nothing to do with a political objective and AMNESTY IS REFUSED.
SCHEDULE 16
THE MOSENEKE INCIDENT.
The applicant stated in his application that he was instructed by Captain Loots to eliminate Adv. Dikgang Moseneke. He was also handed a file relating to Mr Moseneke at the same time. He kept Mr Moseneke under surveillance for a time. He thereafter received instructions to abandon the operation. He is seeking amnesty for the conspiracy to murder Mr. Moseneke. He also alleges that the offence was associated with a political objective as Mr Moseneke, a prominent member of the PAC, was promoting the struggle of the liberation movements.
The Committee is satisfied that the application falls within the ambit of the Act. The Committee, on the facts before it, concludes that the offence didn't involve an actual attempt to murder.
AMNESTY IS GRANTED: in respect of a conspiracy to murder Mr. Dikgang Moseneke during 1987 at Pretoria.
SCHEDULE 17
THE KILLING OF A POLICEMAN AND HIS WIFE AT HAMMANSKRAAL.
The killing of a policeman, Richard Motasi, and his wife, Irene Motasi, at Hammanskraal during 1987.
The applicant alleges that Captain Flip Loots requested him and Captain Hechter to see General Ras. General Ras informed them that Generals Stemmet and Klopper had information that Richard Motasi, then a policeman in the S.A. Police Force, was an ANC agent and informer for the ANC in Zimbabwe. According to the information he visited Zimbabwe on more than one occasion getting in touch with the ANC and supplying them with information which was of assistance to them and detrimental to the security forces in South Africa. They were instructed to eliminate him.
The operation was carried out under the command of Captain Loots and the applicant, Captain Hechter, Joe Mamasela and Slang Sehlale accompanied him.
They drove in a combi to Hammanskraal, arrived there late that evening and went to an address which was earlier that day confirmed to be Motasi's house by Mamasela and Sehlale after they had been sent to carry out an inspection.
They knocked at the door but were informed by a woman that Richard Motasi was not at home but that she expected him back later that evening. They thereupon withdrew and went to discuss the position a distance from the house. It was decided that Mamasela would again approach the house and would overwhelm the woman after she had opened the door, take her to another room and keep her there while the others would enter the house, sit in the sitting room and wait for Motasi to return.
This was done and Motasi soon thereafter arrived and on opening the door was attacked by Hechter and the applicant. Loots hit him with the butt of an AK47 gun, while applicant strangled him and he lost consciousness after Hechter kicked him. A pillow was put over his head and four shots were fired through the pillow, killing Motasi. The applicant's face as well as the faces of Loots and Hechter were covered by balaclavas and they wore leather gloves. Sehlale didn't enter the house but stayed at the mini bus. Hechter thereupon told applicant to go and call Mamasela so that they could leave. He called Mamasela and the next moment heard gun shots. They immediately left the house, ran for the Combi, closely followed by Mamasela. They rushed off in the Combi and asked Mamasela what shots were fired when they left the house. He informed them that he had to shoot the woman because she recognised him and would have been able to identify him. He said that he had no option but to kill her in order to prevent the exposure of the whole incident as being a security police operation.
The applicants, Hechter and Van Vuuren testified that they acted on the order of General Ras and under the instruction of Captain Loots against a person that they believed to be an enemy of the State and collaborator with the ANC. They conceded that they had no instructions to kill Irene Motasi and they testified that they didn't foresee or ordered Masamela to kill her. They acknowledged that they defeated the ends of justice and were accessories after the fact to the murder of Irene.
The Committee, after consider the application and evidence concluded that the killing of Richard Motasi by the applicant and Hechter (application 2776/96) was an offence associated with a political objective and that they acted as members of the security police on the orders of their superior officers against a person whom they believed was a supporter of a known political organisation and with the objective of countering the political struggle against the State.
The killing of Irene Motasi, however, was ordered by their superiors and did not fall within the category referred to above.
AMNESTY IS THEREFORE REFUSED: in respect of the murder of Irene Motasi.
The applicants, however, did advance reasons why they committed the offence of defeating the ends of justice and why that should be considered as associated with a political objective.
AMNESTY IS GRANTED: to the applicant in respect of the following offences
The murder of Richard Motasi at Hammanskraal during or about 1987.
Defeating the ends of justice insofar as it relates to the murder of Irene Motasi during or about 1987 at Hammanskraal.
AMNESTY IS HOWEVER REFUSED: as far as the murder of Irene Motasi is concerned.
SCHEDULE 18
AN ATTEMPT TO BURN THE HOUSE OF AN ACTIVIST IN MAMELODI BY THROWING PETROL BOMBS.
On instruction of Colonel Loots the Applicant, Mamasela and Van Taak attempted to set the house of an activist alight during 1988 at Mamelodi. They threw petrol bombs at the house but did not succeed in setting it on fire. The attempt failed.
The Committee, after considering the application, the relevant documentation and the evidence is satisfied that the requirements set out in Section 20 of the Act 34 of 1995 have been met and
AMNESTY IS GRANTED: in respect of an attempt to burn the house of an activist in Mamelodi by throwing petrol bombs at it during 1988.
(Signed)
JUDGE H MALL
JUDGE A WILSON
JUDGE B NGOEPE
AJ. S KHAMPEPE
ADV. C DE JAGER
