DECISION
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The applicant is a 56 year old Austrian citizen who has lived in South Africa for the past approximately 30 years. He applies for amnesty in respect of kidnapping of Mr Vulindlela Mbotoli on 12 April 1991. The application is not opposed.
During the 1980's, when he was establishing and conducting a business in Ciskei, the applicant met and made acquaintance with, amongst others, Mr Vulindlela Mbotoli, a businessman, and Colonel Washington Mahehle Ndzwayiba, who later became the Director of Military Intelligence in the Transkeian Defence Force when Transkei was under the leadership of General Holomisa.
The applicant returned to live in Johannesburg after the cessation of his business activities in Ciskei. During November 1990 there was a failed attempt led by Colonel Graig Duli, a former member of the Transkeian Military Council, to violently overthrow General Holomisa as leader of Transkei. Mr. Vulindlela Mbotoli was implicated as a co-conspirator and accomplice in such failed attempt.
The Transkei Military Intelligence thereafter established that Mbotoli was residing in Johannesburg. Colonel Ndzwayiba, who knew that the applicant was an acquaintance of Mr Mbotoli, requested the applicant to assist the Military Intelligence in capturing Mr Mbotoli. It was explained to the applicant that they, the Military Intelligence, feared that Mr Mbotoli was planning another coup d' état and that they intended to "eliminate him".
The applicant persuaded Colonel Ndzwayiba not to order the death of Mr Mbotoli by convincing him that the best course to follow would be to kidnap Mr. Mbotoli and take him to Transkei where he could then be de-briefed so as to furnish valuable intelligence which could be utilised by Transkei in exposing the involvement on the South Africa government in Colonel Duli's failed coup d' état attempt. The applicant agreed to assist the Transkei Military Intelligence only on condition that Mr Mbotoli was not killed. Colonel Ndzwayiba agreed to follow the course of action proposed by the applicant. He sent a team consisting of members of the Transkei Intelligence to Johannesburg to assist the applicant in the kidnap. The applicant established contact with Mr Mbotoli and, on 12 April 1991, lured him into a trap where he was set upon by members of the team sent by colonel Ndzwayiba and rendered unconscious by having a chloroform- saturated cloth put over his face. He was then immediately driven to Port St. John's. He was injected with a substance to keep him sedated for the duration of the trip.
In Transkei Mr. Mbotoli was kept in detention and subjected to lengthy interrogation. He, together with a number of other persons, was, after several months, charged in the Supreme Court of Transkei on a number of charges, including treason and murder. All the charges related to the failed attempt at overthrowing the Transkei Government.
He was convicted on a number of the charges and was, on 14 December 1993, sentenced to an effective term of 20 years imprisonment. He was later granted indemnity and was released from prison on 23 May 1995.
The applicant did not receive any remuneration for the role he played in the kidnapping of Mr Mbotoli. He states that his political objective in assisting in the kidnapping was to prevent the overthrow of the Transkei Government and to maintain the status quo in the region during the transitional period. He believed that it was important to maintain the status quo as during the transitional period and immediately after the unbanning of the liberation movements Transkei was the only place where members of such movements, who had not been granted immunity, could move freely and communicate with little restriction in order to facilitate the transition to an open and free society in Africa.
It is also clear from the evidence before us that the Military Intelligence were pursuing a political objective in the capturing of Mr Mbotoli and that the applicant was acting as their agent when he assisted them in the capture. In this regard section 20 (3) (e) of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 refers.
We are accordingly satisfied that the applicant has made a full disclosure of all the relevant facts and that his application complies with the requirements of Act 34 of 1995.
In the circumstances the application succeeds and the applicant is GRANTED amnesty in respect of any offence or delict that he may have committed in relation to the kidnapping of Mr Vulindlela Mbotoli which occurred on 12 April 1991.
Dated at................... .. this day of ............................... 1999.
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JUDGE S MILLER
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ADV J.B. SIBANYONI
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ADV. N. SANDI
