DECISION
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The Applicant applies for amnesty for his part in a conspiracy to murder the occupants of two houses or a motor vehicle used by members or supporters of African National Congress ("ANC"). The first instance was to occur in Bulawayo or Harare, Zimbabwe and the second in Francistown, Botswana. Both conspiracies took place during 1989.
The Applicant testified in support of his application. He confirmed his written application and clarified that he was not persisting with the incident in his application involving the assault of an informer. The Applicant testified that at the time of these instances he was a member of the South African Police's ("SAP") Security Branch ("SB"), based at Vlakplaas. He said that he had discussed both operations with his commander Col. De Kock, whom he believed had approved of them.
With regard to the first conspiracy, the obtained a limpet mine which had been concealed in a motor vehicle battery, from the Technical Division of the SAP at Rebecca Street, Pretoria. He believed that they would have had to obtain authorisation for this. He then instructed an informer, who was based in Zimbabwe and who had provided some of the information about the intended targets, in its use and deployment. After the informer left on the mission, the Applicant never heard anything further in connection with the limpet mine.
With regard to the second instance, he provided another informer, who was based in Botswana and who had provided some of the information about the intended targets, with a firearm and explosives so that he could use it to blow up an ANC house in Francistown, Botswana. He also obtained the firearm and explosives from the Technical Division of the SAP at Rebecca Street, Pretoria. The arms were concealed in a specially constructed secret compartment in a vehicle that the Applicant also provided for the informer. Here, again, he never heard anything further in connection with the informer or the explosives.
The Applicant was the only person to testify before us in the matter and we are satisfied that he has made full disclosure of all relevant facts. As a member of the previous regime's security forces, his actions were directed at members of the ANC a known liberation movement and there can be no doubt that his actions were acts associated with political objectives as contemplated by Section 20 of Act 34 of 1995.
In the result, we are satisfied that the Applicant has complied with the provisions of the Act and amnesty is GRANTED for:
1. Conspiracy to murder the occupants of a house or motor vehicle used by members or supporters of the ANC in Bulawayo or Harare during 1989;
2. Conspiracy to murder the occupants of a house used by members or supporters of the ANC at Francistown, Botswana during 1989;
3. The relevant contravention of Act 75 of 1969 arising from the unlawful possession of a limpet mine, a pistol and the ammunition for such firearm and a quantity of explosives in connection with the above conspiracies.
DATED at this day of 2000
_______________________JUDGE S KHAMPEPE
_______________________MR W MALAN
_______________________MR I LAX
