: DECISION
During or about October 1993 Andries Stefanus Kriel (the first applicant), who was then a brigadier in the Afrikaaner Weerstands Beweging (AWB) and was also the deputy leader of the Volksfront in the Northern Free State, instructed Jan Cornelius Labuschagne (the second applicant), who was then a colonel in the AWB and also a member of the Volksfront, to form a cell of operatives in order to participate in a terror campaign to be conducted by the Volksfront.
The second applicant then formed a cell consisting of himself, who was the commander thereof, and Johannes Jacobus Roos Botes (the third applicant) and Daniel Wilhelm van der Watt (the fourth applicant). Both the third and fourth applicants were members of the AWB and the Volksfront. They then underwent a short period of training in the manufacture, handling and use of explosives, which training took place in the Bothaville area.
The prime objective of the terror campaign was the establishment of a "Volkstaat". The strategy adopted was to bomb both state property as well as residential areas, offices and facilities of African National Congress (ANC) supporters. The aim was to force the then government to acknowledge the struggle for a Volkstaat and to impress upon the ANC the seriousness of the right-wing's intentions in getting a Volkstaat, thereby strengthening the hands of the Volksfront leaders at the Codesa negotiations.
The bombing campaign conducted by the applicants commenced on 9 November 1993 and lasted until 7 February 1994. During that period they placed twenty one bombs at different targets at Welkom (1), Wesselbron (1), Potchefstroom (2), Orkney (6), Viljoenskroon (1), Hoopstad (1), Bothaville (2), Stilfontein (1), Kroonstad (2), Leeudoringstad (3) and Vierfontein (1). Of the twenty one bombs placed, nineteen exploded. The other two (one at Welkom and the other at Leeudoringstad did not detonate. Twenty of the bombs were placed by second, third and fourth applicants. The third applicant was not present when a bomb was placed at Bothaville on 5 February 1994. All the bombs placed by applicants were home-made. Eleven of the targets were railway lines, three were power installations, four were in black residential areas, two were business premises and one was a farm school.
Nobody was killed in the bombings. however, a number of people were injured, including Mrs M Bayo, Seipata Mokadatlo (both at Wesselsbron), Stephen Semelo, Andries Semelo, Mrs Ramorakane and Margaret Malinga (all at Viljoenskroon).
The second applicant stated that it was not their intention to either kill or injure people although they realised that people may have been killed or injured by their actions. He stated that they took steps to minimize the prospect of people being killed or injured by setting the bombs to explode late at night. The bombings caused damage to both private and state property.
All the applicants are facing charges relating to their training and all the bombings as well at the illegal possession of firearms and explosives. Their trial has been postponed pending the outcome of this application. Stephanus Hugo, a superintendent in the South African Police Services and the investigating officer in the case against the applicants and is of the opinion that the applicants had a political motive in regard to all the charges against them.
The first applicant accepts equal responsibility with the other applicants in respect of all the incidents on the basis that he was their leader and he gave the instructions for them to carry out the bombing campaign. All the applicants ceased being members of the AWB during the course of the bombing campaign but persisted therein in their capacities as members of the Volksfront.
We are satisfied on the evidence before us that the applicants at all relevant times acted in the furtherance of the policies of the Volksfront and that the offences committed by them were acts associated with a political objective committed during the course of the conflicts of the past. There is nothing to suggest that the applicants committed the offences for personal gain or out personal malice, ill-will or spite directed against their victims. We are also satisfied that the applicants have made full disclosure of all relevant facts and that their applications comply with the requirements of the Promotion of National Unity and Reconciliation Act, No 34 of 1995.
In the result their applications succeed and accordingly:
1. The first, second, third and fourth applicants are
GRANTED AMNESTY: in respect of all offences and claims that may arise out of
1(a) the training of second, third and fourth applicants in the manufacture, handling and use of explosives at or near Bothaville during the period September 1993 to November 1993.
1(b) the placement of an explosive device at Reinett Building at or near Welkom on or about 8 November 1993;
1(c). the explosion of an explosive device on or about 15 November 1993 at or near Monyakeng residential area, Wesselbron;
1(d) the explosion of an explosive device on or about 24 November 1993 at or near Kanana informal settlement, Ikageng, Potchefstroom;
1(e) the explosion of an explosive device on or about 24 November 1993 at or near Regina farm school, Orkney;
1(f) the explosion of an explosive device on or about 8 December
1993 at or near Viljoenskroon;
1(g) the explosion of an explosive device on or about 10 December 1993 at or near Tikwana residential area, Hoopstad;
1(h) the explosion of an explosive device on or about 22 December 1993 on the railway line between Orkney and Leeudoringstad in or near the district of Orkney;
1(i) the explosion of an explosive device on or about 8 January 1994 on the railway line between Orkney and Klerksdorp in or near the district of Orkney;
1(j) the explosion of an explosive device on or about 14 January 1994 on the railway line between Orkney and Leeudoringstad in or near the district of Orkney;
1(k) the explosion of an explosive device on or about 17 January 1994 at or near the Von Abu business centre, Bothaville;
1(l) the explosion of an explosive device on or about 18 January 1994 on the railway line between Potchefstroom and Klerksdorp in or near the district of Potchefstroom;
1(m) the explosion of an explosive device on or about 19 January 1994 at an electricity Pylon between Potchefstroom and Orkney in or near the district of Stilfontein;
1(n) the explosion of explosive devices on or about 21 January 1994 on two railway lines between Hennenman and Kroonstad in or near the district of Kroonstad;
1(o) the explosion of an explosive device on or about 26 January 1994 on two railway lines between Hennenman and Kroonstad in or near the district of Kroonstad;
1(p) the explosion of an explosive device on or about 28 January 1994 on a railway line between Orkney and Leeudoringstad in or near the district of Orkney;
1(q) the explosion of an explosive device on or about 31 January 1994 on a railway line between Orkney and Leeudoringstad in or near the district of Orkney;
1(r) the explosion of an explosive device on or about 1 February 1994 on a railway line between Jordaan and Kroonstad in or near the district of Kroonstad;
1(s) the explosion of explosive device on or about 31 January 1994 at on or about 31 January 1993 at an electricity pylon in or near the district of Vierfontein;
1(t) the explosion of an explosive device on or about 4 February 1994 on a railway line between Orkney and Leeudoringstad in or near the district of Leeudoringstad;
1(u) the explosion of an explosive device during or about the period 31 January or 7 February 1994 on a railway line between Leeudoringstad and Makwassie in or near the district of Leeudoringstad;
1(v) the unlawful possession of 4,25 kg of explosive material and one electric detonator during or about the period 31 January 1994 and 3 February 1994 at or near Vierfontein;
In addition to the above, the first, second and fourth applicants are
GRANTED AMNESTY: in respect of all offences and claims that may arise out of
2(a) the explosion of an explosive device at an electric power pole between Bothaville and Viljoenskroon on or about 5 February 1994 in or near the district of Bothaville;
2(b) the unlawful possession of two home-made shotguns on or about 7 February 1994 at or near Bothaville;
2(c) the unlawful possession of five electric detonators, sixty four powergel detonators and 18,07kg of explosive material on or about 7 February 1994 and at or near Bothaville.
The Committee finds that Mrs M. Bayo, Seipata Makadotlo (both of Wesselbron), Stephen Semelo, Andries Semelo, Mrs Ramorakane and Margaret Malinga (all of Viljoenskroon) are victims and they are referred to the Reparation and Rehabilitation Committee in terms of section 26 of the Act for its consideration.
(Signed)
JUDGE S MILLER
DR W M TSOTSI
MR J B SIBANYONI
