DECISION
______________________________________________________The applicants seek amnesty for the kidnapping and/or abduction of Moses Morudi from Potchefstroom and all other delicts and offences which relate and/or flow directly from such incident such as, inter alia, transporting him and subsequently holding and/or detaining him on a farm at Hammanskraal.
All the applicants were members of the South African Police attached to the Security Branch of the Northern Transvaal and attached to Section C under the Command of Captain Hendrik Johannes Prinsloo.
The first (Mathebula) and second (More) applicants testified that during 1987/1988 they received orders from Captain Prinsloo to look for Moses Morudi at Ikageng Township in Potchefstroom. He (Prinsloo) provided them with an address where he was temporarily hiding. He otherwise lived in Mamelodi near Pretoria.
In compliance with Prinsloo's orders they on a particular day, left in a Peugeot 404 Station Wagon. On arrival Moses Morudi was not present and the elderly people they found in the house informed them that he had gone out and would be back shortly.
They left and approximately an hour or two later went back and found him. They used pseudo names and posed as comrades who had been sent to collect him to transport him to exile where he would undergo military training. He agreed to accompany them.
Outside Potchefstroom, about 10 kilometres from Ikageng, they stopped along the main road whereupon Dos Santos, Ludick and another white Security Branch policeman driving a Skyline motor vehicle pounced upon an unsuspecting Morudi after they had identified themselves as police and placed him in their car. On the same day at approximately 17h00 they met in the parking area at Kompol Building in Pretoria in the company of Captain Prinsloo. Dos Santos and the other policeman together with Morudi were standing outside the parking area in the company of Captain Prinsloo.
More further testified that a day or two later upon the request of either Captain Prinsloo or Dos Santos, he went to a farm of retired Major Smit near Hammanskraal where, amongst others, he found Joe Mamasela and Captain Hechter whilst Moses Morudi was also there lying on a bed in a tent. However, when the first and second applicants were subsequently later requested to go and remove the tents they did not find Moses Morudi and have not seen him ever since.
The third applicant (Matjeni) testified that he was charged with guarding and cooking and feeding Morudi at the farm. He did this in shifts. On a day, he cannot recall when, he found the first and second applicants on the farm and they removed the tents. Morudi was not there and they do not know to date what happened to him.
The implicated persons, namely Captain Prinsloo, Hechter, Ludick, Dos Santos, Mokhaba and Joe Mamasela were duly notified in terms of Section 19 of the Act. Prinsloo and Dos Santos deposed to affidavits handed in where they disclaimed any knowledge of their involvement in the abduction.
Captain Prinsloo filed an affidavit where he denies any knowledge of the abduction. He however acknowledged that he had provided some information and instructions concerning and relating to the further handling of Morudi by both of them after Morudi had furnished certain information to them. It is not clear when or where such handling took place nor what information was obtained from Morudi. The affidavit does not take the matter any further.
Thomas Morudi, a brother, represented the family and testified that his brother was a member of the ANC and through harassment by the security police he left Mamelodi and hid at some family members in Potchefstroom. They received a telephone call from Potchefstroom that he had left for exile which Moses had always wanted to do. The import of his evidence was of an explanatory nature in the sense that the family wanted to find out his whereabouts. The evidence did not bear relevance to the enquiry and application before the Committee, save to confirm in the version given by the first and the second applicants of how and where Morudi was abducted.
We are satisfied that the application complies with the requirements of the Act in so far as the formalities which are laid down by the Act and regulations concerned.
The acts, omissions and/or offences which the application relates to are acts associated with a political objective committed during the conflicts of the past.
The Committee is satisfied that the applicants have also made full disclosure of all relevant facts as contemplated in Section 20(1) of Act 34 of 1995.
In the light of the aforegoing, amnesty is GRANTED to all three applicants in respect of the kidnapping and abduction of Moses Morudi and all other offences or delicts which relate or flow from such an incident.
The Committee is further of the opinion that the relatives of Moses Morudi are victims as contemplated in Section 26 of the Act and are referred to the Reparation and Rehabilitation Committee for consideration.
SIGNED AT..................THIS.....DAY OF..........2000
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JUDGE S KHAMPEPE
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ADVOCATE N J MOTATA
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MR W MALAN
