DECISION
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This decision relates to the abovementioned applications. All the applications relate to incidents in the Kroonstad area involving the sos-called Three Million Gang.
This gang was formed by George Ramasimong, also known as Diwiti. The gang was initially formed as a result of the personal hatred between George Daniels (a prominent member of the ANC Youth League) and Diwiti because George Daniels fell in love with Diwiti's wife/girlfriend. At that stage, both of them were members of the ANC. It is not clear whether Diwiti resigned from the ANC. There is evidence suggesting that he joined the IFP, but there are also contradicting statements. It is however un undisputed fact that the Three Million Gang was at war with supporters of the ANC following the feud between George Daniels and Diwiti.
It is not clear whether Diwiti as leader of the Three Million Gang and for fear of his life, sought police protection or whether the police approached Diwiti for their own purposes. However, it was perceived by the majority of the community that some or other relationship existed between the Three Million Gang and the Police.
The Amnesty Committee came to the conclusion that in the circumstances then prevailing the perception that the Three Million Gang was protected or assisted by the Police or judicial staff, cannot be discarded as an unreasonable perception. The community subjectively believed that this was the case and based on the facts known to them, this seems to be a reasonable conclusion.
It is also a fact that since the 1980's a situation resembling a war prevailed between the liberation movements and security forces. In this war, there were no prisoners of war. People who were apprehended on either side were killed, sometimes in the most gruesome manner. In 1985 the ANC's official policy as stated under the heading "take the Struggle to the White Areas" was inter alia:
Spreading the consumer boycott to all areas of the community;
- Systematic attack against the army and police and so-called de fence units in white areas;
- Well planned raids on the armouries and dumps of the army, police and farmers and so on to secure arms for our units.
This resulted in attacks in some cases on certain targets with no directly apparent connection to the apartheid State - see ANC statement to the Truth and Reconciliation Commission, August 1996, page 52 to 53.
The government of the day advocated that there was a "total onslaught" against the country and it is today common knowledge how the police and especially the Security Police brutally reacted.
Against this backgrounds, the Committee dealt with the applications.
PETRUS - ROLAND ROY, applied for amnesty under application 0027/96. He was charged with:
1.1 The murder of George Ramasimong on the 25th of February 1992 at Kroonstad;
1.2 The illegal possession of a 9mm Walther P38 pistol without a license issued in terms of Act 75 of 1969 on the 25th of February 1992 at Kroonstad;
1.3 The illegal possession of 34 (thirty four) rounds of 9mm bullets on the 25th of February 1992, while not in the legal possession of a firearm to fire the aforesaid bullets.
He pleaded guilty on the first charge and was convicted to 14 (fourteen) years imprisonment under Case number 66/92 Bloemfontein Supreme Court on the 26th of April 1993. He received a remission of three and a half years, and should be discharged on the 25th of October 2003.
In his application he alleges that "the political objective sought to be achieved was to restore peace and stability in the political arena and community at large. He continues:
"The Three Million Gang was used by the SAP of the previous regime and former local council, to destabilise the ANC and its alliances. The operation which were made, were perpetrated by the above indicated departments. They were assaulting, maiming, raping even end up killing those who were members of the ANC, its supporters, leaders and ordinary members of the community.
All was done in perception that ANC is enjoying overwhelming support of the people."
In a supplementary affidavit dated 29th June 1996 he stated:
"I was commanded by the Youth League leadership to bring to end the spate of killings committed by the leader of this group which had the intention of wiping out the leadership of the ANC by killing them.
On the 25th of February 1992, I armed myself with a firearm and followed him to the Kroonstad taxi rank as he was coming from court, where he had appeared on charges of murder and attempted murder of ANC members. I then pulled out the firearm and shot him three times with the intention to kill him."
He further avers that the deceased, George Ramasimong, or Diwiti, admitted that he was a member of the IFP and that it was revealed that they received material and logistical information from the Mayor of Maokeng and some members of the SAP. The deceased was also sheltered by a certain Prosecutor, Mrs Pienaar, at her house.
"We felt that the justice system could not help us."
In evidence before the Amnesty Committee on the 22nd of July 1996, he testified that a decision was taken at a community meeting that the deceased should be killed. Nobody was commissioned to carry out the task.
During the hearing he was very vague about the information that the deceased was a member of the IFP and could only give 2 (two) names of the hundreds of people that were allegedly killed by the Three Million Gang. He, himself did not attend the meeting where the instruction to kill the deceased, was given. He later said that he did not believe that the deceased was a member of the IFP and denied that the deceased was charged with murder or attempted murder.
He further replied that the Three Million Gang committed murders and rape against all members of the community, they were not members of the IFP although some claimed to be, they were gangsters and any members of the community could be a victim.
He was in illegal possession of the alleged firearm and ammunition.
The second applicant to give evidence was THULO - MACHABE PETRUS (See application number 0030/96).
He applies for amnesty for the murder of Seabata Albert Ntema on the 11th February 1991 at Kroonstad. He was found guilty under Case number 80/91 at Virginia in the Supreme Court and sentenced on the 13th of December 1991 to 10 (ten) years imprisonment.
His political objective was to stabilise the community and ANC, to restore peace and stability in the Maokeng and to stop the termination of the ANC and its alliance.
He alleges that the Three Million Gang was used by the SAP and Local Council to destabilise the ANC and killed ANC members ad ordinary members of the community.
He was ordered or the murder was approved by the ANC through Mr Dennis Victor Bloem. He, himself was the General Commander of the SDU. He testified that the leader of the Three Million Gang, George Ramasimong, alias Diwiti, tried to recruit him as a member of the gang. Diwiti told him that he was still a member of the ANC, but that one of this comrades, George Daniels, was in love with his wife/girlfriend. This created bad blood and he wanted to kill George Daniels, but the latter lived in an ANC stronghold where he was protected. Diwiti then created a gang to help him. Some ANC members loved what he was doing and joined the gang.
During a confrontation with the gang, the Police accused the comrades that they aggravated the gang and that the comrades and the members of the community should seek protection from their ANC leaders and not from the police. The police also intervened on the side of the gang when workers of Premier Milling left for Troubou, the stronghold of the gang, to arrest the gang.
The deceased in this case, Ntema, was also known as Masuso and he was Diwiti's right hand man. While the applicant was on bail for robbery of a lorry, he attended curt and was given R150-00 (one hundred and fifty rand) by Mrs Pienaar and his SDU comrades were given bail. (I had difficulty in following his evidence and the evidence that followed relating to that day.)
On the 11th of February 1991, the applicant and a kombi full of comrades decided to go to Troubou, the stronghold of the gang. The gang attacked the kombi, but applicant got out, fired shots and the gang dispersed. He saw Masuso and shot him twice. He shot him in the mouth to make sure that he would die.
He testified that he knew that Diwiti made attempts to reach a peaceful settlement but the Youth was angry and threatened to kill him. Diwiti was protected by Bloem, who drove him away in his car.
He said his objective was to safeguard the existence of the ANC. The gang interfered with mass action organised by the ANC and frustrated the rent boycott. He related one occasion "it was the only time I can remember."
The gang was also transported by the Mayor's vehicles - it transpired however that "Mayor's vehicles", were taxis owned by the Mayor in his private capacity.
The gang had approximately 30 (thirty) members and they killed approximately 25. At some funerals an IFP flag was waved.
He killed the deceased because he was afraid and he killed to defend himself.
The third applicant is MPONDO - PASEKA JOHANNES, application number 0012/96. He is applying for amnesty because he murdered one Tsietsi Leboko on the 11th of May 1991 and was sentenced to 8 (eight) years imprisonment.
The deceased, Leboko, came to the applicant's home and told applicant that he resigned from the Three Million Gang. George Daniel, however told applicant that the deceased was still associating with the gang. Applicant and deceased left together to visit the shibeen, Jack Nose, where they met other comrades.
On their way back to the applicant's home, George Daniel informed the other comrades about the deceased's association with the Three Million Gang. The deceased tried to run away but they stabbed him. He received 151 (one hundred and fifty one) knife wounds.
Applicant testified that they killed him because they were ordered by the community to kill the Three Million Gang. The gang would not allow the ANC to have free political activity; they disturbed protests and boycotts.
The aforementioned summary completes the broad outlines of the evidence before the Committee.
The Committee is of the opinion that the following conclusions can be drawn:
1. The Three Million Gang terrorised and victimised the Maokeng community;
2. The police did very little to bring an end to the violence possibly due to the victimisation of witnesses;
3. A perception grew that the police collaborated with the gang;
4. The community, on the initiative of the ANC members, formed a Self Defence Unit to protect the community;
5. The Self Defence Unit consisted of ANC members while the Three Million Gang's members were seen by some as Inkhatha members but in fact represented various parties, it might even have had ANC members.
As a result of the perception that the gang was in some way or other connected with police, the war between the gang and the community and in particular the Self Defence Unit, became politically tainted. In this war, according to the evidence, about 104 (one hundred and four) community members and about 25 (twenty five) gang members were killed. The numbers could not be substantiated.
The Committee concluded:
The three applicants complied with requirements of Section 20(1) and 20(2) of Act 34 of 1995 in that:
1. Applicants PETRUS, Thulo and MPONDO acted with a political motive.
2. Although the Committee cannot, on the evidence before it, find that the Three Million Gang was protected or assisted by the police or the judicial staff in any unlawful manner,the Committee finds that in the circumstances then prevailing it could not be discarded as an unreasonable perception. Subjectively the community believed it. Objectively it seems as though the belief on the facts then known was reasonable.
3. All the applicants were members of a political party and acted against people they believed to be their political opponents. Although they aver that they received an order to kill the deceased, the Committee cannot find that such an order was explicitly given,but on evidence, it is clear that they acted on behalf of their party. They believed, and on the evidence it appears to be so, that their acts would bring and end to violence and allow freedom of political expression.
In the result the Committee
GRANTS AMNESTY: to the three applicants.
(Signed)
H. MALL
A. WILSON
B. NGOEPE
ADV C. DE JAGER SC
MS S. KHAMPEPE
