DECISION
The Applicant applies for Amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 23 of 1995 as amended. His co-applicants in the hearing were Cronje (Application No. 2773/96) Hechter (Application No. 2776/96) Van Vuuren (Application No. 2777/96) and Venter (Application No. 2774/96). The various decisions flowing from these applications are referred to in this decision and should be read together with the present decision.
The Applicant was a member of the Security Branch of the South African Police and his application has been dealt with against that background. The Committee has dealt with the evidence of General van der Merwe, at one time the head of the Security Branch and later the Commissioner of the South African Police and with the evidence of Minister Vlok, a previous Minister of Law and Order, more fully in the decision on Brigadier Cronje's Application No. 2773/96. It was agreed among all interested parties that the evidence of General van der Merwe which was heard right at the beginning of this hearing would apply in general to applications as far as the background and the then prevalent political situation may be relevant.
The evidence was later repeated and more fully explained by General van der Merwe and Minister Vlok during the hearing of their applications for amnesty. Application No. 4399/96.
The Applicant applied for a number of incidents fully set out in his application under Schedules 1 to 10. The Committee will refer to the incidents as listed in the Schedules.
Before dealing with the individual incidents, the Committee wishes to state that the application was formally in order.
SCHEDULE 1
BOMBING AT ATTERIDGEVILLE
The Applicant states that he was instructed by Captain Hechter to participate in an incident in which Joe Mamasela, in the presence of the Applicant and Captain Hechter threw a self-made bomb through a window of a certain house in Atteridgeville. The Applicant is, however, unable to remember important details such as whose house it was; when and where this incident occurred and where it actually was and whether any persons were injured as a result thereof.
We wish to, however, refer the decision under Schedule 4 of Hechter's application No. 2776/96. Hechter confirmed that he instructed, inter alia, Van Vuuren and Mentz to carry out these offences.
In the light of the evidence by Van Vuuren and Hechter and the conclusion reached in their application,
AMNESTY IS GRANTED: in respect of
The damage caused to a house in Atteridgeville during 1986/1987 by a self-made petrol bomb.
SCHEDULE 2
THE PLANNING TO THROW PETROL BOMBS AT HOUSES IN MAMELODI: DURING 1986 OR 1987.
The applicant vaguely remembers that he and Hechter planned to throw petrol bombs in Mamelodi. The car in which they were travelling broke down on the way to Mamelodi, and the whole operation was abandoned. No particulars of the houses earmarked to be bombed or the activists involved were given. The evidence in this regard is so vague and it is not clear whether their actions in fact went so far as to constitute and attempt to commit the offence. Seeing that the particulars are so vague AMNESTY CANNOT BE GRANTED AND IS THEREFORE REFUSED.
SCHEDULE 3
THE MURDER OF THE KWANDEBELE NINE
This incident has been fully dealt with under Schedule 6 of Hechter's Application No. 2776/96.
For the reasons mentioned therein
AMNESTY IS GRANTED: to the Applicant in respect of the following offences
The murder of the 9 persons known and referred to during the hearing as the kwaNdebele Nine, during 1986 and 1987 in kwaNdebele and the following offences connected therewith:
a) Contravention of Sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act No. 75 of 1969;
b) Contravention of Section 2 of the Dangerous Weapons Act, No. 71 of 1968;
c) Contravening sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, No. 26 of 1956.
d) Assault with intent to do grievous bodily harm.
e) Intimidation.
f) Malicious damage to property.
g) Arson.
h) Desecration of the bodies of the deceased.
i) Conspiracy to commit the abovementioned offences.
SCHEDULE 4
THE MURDER OF BRIAN NGQULUNGA ON THE 19 JULY 1990.
The applicant testified that General van Rensburg instructed Colonel Eugene de Kock to see to the elimination of Brian Ngqulunga. De Kock then instructed Colonel Dave Baker to carry out the killing. Baker ordered the applicant, Captain Bellinghan, Lieutenant Piet Botha and Simon Radebe to carry out the operation.
The reason advanced for the elimination of Ngqulunga was that although he was accepted as an askari, he leaked information to the ANC and supplied them with documents which he obtained at the Security Head Quarters.
Simon Radebe picked up Ngqulunga and waited for the applicant, Baker, Botha and Bellingan near Vlakplaas. On their arrival they all wore balaclavas, overwhelmed Ngqulunga and forced him into the Combi which Baker was driving.
They drove in the direction of Brits and stopped on a dirt road leading to Letsitele. Ngqulunga was pulled out of the Combi and shot with an AK47 by Bellinghan. They returned to Pretoria and reported to De Kock. He instructed them to drive to Johannesburg and to book into a hotel to establish an alibi if necessary.
The applicant testified that he later, during 1995, drew the conclusion that the possible reasons for the elimination of Ngqulunga was that he was involved in the murder of Mxenge and that it was feared that he would testify against Dirk Coetzee, Nofomela, Van der Hoven and Taylor in the murder trial. Ngqulunga was later buried in vlakplaas. The applicant didn't attend the funeral.
The Committee finds that the applicant acted under orders of his superiors and that the offence was associated with a political objective. The motive for the order to kill Ngqulunga was according to what the applicant was told that the deceased acted as a double informant for the Security Police as well as the ANC. He believed this at the time of the killing but he later concluded that the reason might have been that there was a danger that he might expose the involvement of the Security Police in the death of Griffith Mxenge. The latter exposure would have been to the detriment of the whole security system.
The applicant's application falls within the ambit of the Act and
AMNESTY IS GRANTED: in respect of the following offences
1. The abduction of Brian Ngqulunga on 19 July 1990.
2. The murder of Brian Ngqulunga near Letsitele on or about 19 July 1990.
3. Defeating the ends of justice in connection with the above murder and any other offence flowing from the incident described.
SCHEDULE 5
THE KHAN MURDERS IN BOTSWANA.
The Applicant received instructions from the Commander of Vlakplaas, Colonel Eugene de Kock to participate in an operation which was to be carried out across the border in Botswana. The primary objective of the operation was to eliminate a business as well as a house which belonged to a certain Mr Khan in order to prevent the passage for "terrorists" to and from Botswana. The Applicant stated that he was instructed that the house was used as a safe house to house terrorists and provided an overnight facility for terrorists who infiltrated South Africa. The Applicant was further advised that Mr Khan provided financial assistance to the said terrorists on their way to and from the Republic of South Africa. These terrorists were members of the African National Congress who were responsible for waging a struggle against the government of the day. The Applicant testified that at no stage was he advised that there could be children in the house targeted. The specific instruction was, however, that the people in the house had to be killed as part of the operation.
The Applicant explained that he did not personally participate in the shooting of the occupants in the house who were later identified as Mr and Mrs Khan and two of their children. He was in the vicinity when this occurred. He said that the persons who entered the house and therefore might have been responsible for the shooting of the Khans were Marthinus Ras and Willie Nortje. After the occupants of the house were shot, the house was blown up by using explosives which had been brought by the Vlakplaas operatives.
When the Applicant was questioned about the killing of the children he replied that he was merely a foot soldier and had not been advised that there would be children in the house.
The Applicant, as well as the other persons who participated in this operation, were later rewarded by a payment of R5000.00 and were also awarded bravery medals by their superiors. They were not aware of the proposed payment when they carried out the operation.
The Applicant's evidence must of course necessarily be considered against the background of the evidence given by General van der Merwe, former Commissioner of the South African Police, that during that time the situation was warlike between the ANC and other liberation movements on the one hand and the Security Forces on the other hand, who were acting on behalf of the National party led government.
We are therefore satisfied that the acts committed by the Applicant were acts associated with a political objective and that the Applicant has accordingly satisfied the requirements for amnesty.
AMNESTY IS THEREFORE GRANTED: to the Applicant in respect of
The conspiracy to murder and/or the murder of the Khan family with the exclusion of the Khan children in Botswana during the period 1989 to 1992. The exact date could not be ascertained and any other offences connected with the aforesaid murders and the execution thereof and the damage of property directly linked thereto.
SCHEDULE 6
THE POSSESSION OF WEAPONS AND EXPLOSIVES TAKEN FROM ATTERIDGEVILLE BETWEEN 1989 AND 1992.
The Applicant, in the course of his investigations as a member of the Security Branch of the South African Police, came upon and took possession of a variety of weapons and explosives which were hidden. The weapons were taken possession of for the purpose of further investigation. The Applicant says that such investigations would have yielded information to be used in fighting the forces which were bent on overthrowing the then regime. He was temporary in possession of these firearms and explosives.
In our view the possession of the weapons was an act associated with a political objective. The Applicant has satisfied all the other requirements for amnesty and it is
THEREFORE GRANTED: to him in respect of the offences set out hereunder. Although the Applicant included in his application a request for amnesty in respect of intimidation, there is no reference to that offence in the facts placed before us and he cannot be granted amnesty for that.
AMNESTY IS THEREFORE GRANTED: to the applicants in respect of
a) Contravening Sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act No. 75 of 1969;
b) Contravening the provisions of Section 2 of the Dangerous Weapons Act, No. 71 of 1968;
c) Contravening sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, No. 26 of 1956.
All offences were committed in Atteridgeville between 1989 and 1992.
SCHEDULE 7
SUPPLYING WEAPONS TO INKATHA FREEDOM PARTY ON THREE OCCASIONS BETWEEN 1989 AND 1992.
On the first occasion the applicant assisted Willie Nortje to hand two bags containing weapons and ammunition to one Brood van Heerden. The weapons were to be handed to Inkatha.
On the second occasion the applicant and Nortje handed AK47 rifles to a man who the applicant believed to be Temba Khoza. The latter hid the weapons in a hole on the ground floor of the United Towers Building in Johannesburg.
The third occasion was similar to the first occasion. Weapons were handed to Brood van Heerden.
The applicant testified that he assisted Nortje in handing over the weapons. The weapons were intended for Inkatha to assist the government in its armed struggle against the ANC.
The acts were associated with a political objective and
AMNESTY IS GRANTED: to the applicant in respect of the offences of supplying weapons to the Inkatha Freedom Party on three occasions between 1988 and 1992 in the United Towers Building in Johannesburg.
SCHEDULE 8
THE MURDER OF JOHANNES MABOTHA AT PENGE MINE
The Applicant testified that he was instructed by his commander Colonel de Kock to accompany him to Penge Mine in order to interrogate a certain askari. Penge Mine was at that stage used as a training base for askaris by a certain Vermeulen and Snyman. On arrival at the mine the askari was hand cuffed to a pole and the applicant, Colonel de Kock, Vermeulen and Snyman started drinking liquor. Later that night De Kock instructed the Applicant to take the askari to the mine dumps. At the dump a hole had been dug and a chair was already placed in the hole with explosives attached to the underside of the chair. The askari was then placed on the chair and tied thereto. Sergeant Leon Flores then gave De Kock a revolver and he shot the askari. The corpse was later blown up with the explosives.
The Applicant states that he was never told the real reason why the askari was killed but drew the inference that it was because he had turned against the Security Forces. That was the primary reason for the elimination of askaris by the Security Police at the time. He further stated that he participated in this incident because he bona fide believed that the askari had turned against the Security Police by informing the ANC about the activities of the Security Police.
The Applicant later discovered that the identity of that askari was Johannes Mabotha. The Applicant applies for amnesty even though he did not participate in any of the offences committed against the late Mabotha on the basis that he associated himself with the killing of the late Mabotha and his desecration.
The Committee accepts that the applicant by participating in the killing of Mr Mabotha bona fide believed that Mr Mabotha had become a risk by assisting the Security Forces' political opponents and that the applicant's participation was intended to counter and resist the State's political opponents. We are mindful of the fact that the Applicant was never at any stage informed by De Kock why the askari had to be killed but we accept that subjectively the Applicant believed that the askari was killed because he became a security risk.
In the premises the Applicant's application for amnesty is
HEREBY GRANTED: in respect of
a) Murder of Johannes Mabotha at Penge mine.
b) Desecration of the body of the deceased.
c) Contravening Sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunitions Act No. 75 of 1969;
d) Contravening Section 2 of the Dangerous Weapons Act, No. 71 of 1968;
e) Contravening Sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, No. 26 of 1956.
f) Intimidation.
g) Obstructing the cause of justice.
SCHEDULE 9
DAMAGE TO PUBLIC PROPERTY NEAR CAPE TOWN
The Applicant says he was instructed by Colonel Eugene de Kock to transport explosives from Pretoria to Cape Town. This was between 1989 and 1992. The Applicant was, at the time, stationed at Vlakplaas as a member of the Security Branch of the South African Police. In Cape Town and together with, amongst others, Colonel Dave Baker, they went to a public toilet in the Strand where they planted a limpet mine. The toilet was damaged. They also painted slogans on bridges and some private properties. The purpose was to give the impression that these deeds/acts were the work of liberation movements, thereby discrediting them. The Applicant believes that this strategy must have emanated from politicians.
The above activities were associated with a political objective. The Applicant has met with all other requirements of the Act and
AMNESTY IS THEREFORE GRANTED: in respect of
Damage to a public toilet in the Strand, Cape Town, between 1989 and 1992 by blowing it up with a bomb.
Damage to a bridge and buildings around Cape Town between 1989 and 1992 by painting slogans on them and the following offences connected with the damage to the public toilet referred to above:
a) Contravening Sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunitions Act No. 75 of 1969;
b) Contravening Section 2 of the Dangerous Weapons Act, No. 71 of 1968;
c) Contravening sections 3, 4, 5, 6, 9 and 27 of the Explosives Act, No. 26 of 1956.
SCHEDULE 10
OFFENCES RELATED TO THE KILLING OF 4 PEOPLE KNOWN AS THE KOMATIPOORT FOUR
The Committee is of the opinion that a decision regarding this incident should be postponed until evidence in other applications relating to the same incident has been heard. The applicant mentioned the names of Messrs. Eugene de Kock, Chappies Klopper, Willie Nortje, Sarel Jansen van Rensburg, Ashley Crooks, Floors de Jone, Andre Laas, Lukas Kilino and Simon Hidimbwassa as people who could shed further light on the circumstances surrounding this incident.
The decision on this incident will be made after further evidence has been heard.
(Signed)
JUDGE H MALL
JUDGE A WILSON
JUDGE B NGOEPE
AJ. S KHAMPEPE
ADV. C DE JAGER
