DECISION
______________________________________________________This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995 ("the Act").
The Applicants, who are for convenience sake referred to by their surnames, apply for amnesty in respect of the following
incidents:
The damaging by explosives, the placing of explosives and dummy explosive devices and making bomb scares at cinema theatres during or about July 1988 to prevent the film "Cry Freedom" from being screened as well as any act, omission, offence or delict perpetrated by them in respect thereof subsequent to the events, including any cover-up in regard thereto.
These incidents took place at various places in South Africa. Different applicants were involved in different incidents at King's Cinema Theatre, Alexandra, Johannesburg and at the Highgate Shopping Centre Theatre, Roodepoort.
Other places which were attacked are the Metro 2 Theatre in West Street, Durban and other cinema theatres where the film Cry Freedom was supposed to be screened.
The Amnesty Committee was told that the events relating to the "Cry Freedom" film hereinafter called "the film" started when the Publication Committee, which was appointed in terms of the Publication Control Act 42 of 1974, issued a certificate allowing the film to be screened.
Although having the power to appeal against such a decision, the Director of Publications declined to do so.
The film was scheduled to be exhibited from 29 July 1988. On the 25th July the then Minister of Internal Affairs, Minister Stoffel Botha, in terms of Section 24 (1) (b) of that Act, ordered the Appeal Board of Publications to reconsider the decision that was made and the Certificate that was issued by the Committee.
The Appeal Board duly did so and upheld and confirmed the decision of the Committee which meant that the film could be released for screening. It was set to be screened in various theatres around the country.
The film deals with the death of Steve Biko and with aspects of the life of Donald Woods, who later left the country. The South African Police were concerned that it would increase racial tension and the revolutionary climate in the country.
The police could not resort to the Media Regulations promulgated in terms of the Public Safety Act, 3 of 1953 whereby the Commissioner of Police could issue a certificate attaching the film under the emergency regulations in the light of the decisions of both the Publication Committee and the Appeal Board.
A decision was then taken by Minister Vlok, General van der Merwe, Brigadier McIntyre and the late General Joubert that the screening of the film had to be prevented by staging bomb scares and/or explosions.
Vlok and Van der Merwe testified before the Committee and stated that the country was on the verge of ungovernability and disorder during the period 1987 to 1988. According to them, a contributory factor to this state of ungovernability was the ANC/SACP's utilisation of all possible motivating incidents for the advancement of their political objectives.
Applicants who were part of the planning, ordering and execution of the acts testified that their conduct was motivated by the political unrest and violence which prevailed at the time in the country. It was feared that if the screening of the film was allowed to proceed, it would have stirred civil disobedience and unrest particularly amongst the African population.
General le Roux testified that:
"my own view was that showing of the film would cause the revolutionary climate in the Republic to escalate, dangerously so, and I agreed with this proposed unlawful action".
Vlok and Van der Merwe seek amnesty in regard to all the "Cry Freedom" incidents.
The other Applicants apply for amnesty for specific incidents.
A. Explosion and/or bomb scares at the Metro I Theatre, West Street, Durban and other theatres in Durban
Steyn told the Committee that he received an order telephonically from headquarters, Pretoria, to prevent the screening of the film in theatres in Durban. In turn he issued instructions to his subordinates, for instance to Botha, that the screening had to be prevented at theatres wherever the film was to be screened.
In carrying out the instructions, Botha made telephonic bomb threats to two local theatres. Botha applies for amnesty for more than one theatre, although he cannot remember the name of the other theatre.
B. Bomb scare at the Highgate shopping mall, Roodepoort.
Here Le Roux received instructions from the late General Jaap Joubert telephonically to prevent the screening of the film by controlled explosions.
Le Roux in turn instructed Louw who placed a dummy bomb in a toilet in the theatre. Heyneke made a telephonic bomb scare to the management.
C. Bomb scare at Kings Theatre, Alexandra, Johannesburg.
For this incident, Du Toit received instructions from General van der Merwe who explained to him that the decision was from high level that the screening of the film ought to be prevented through control explosions.
Du Toit instructed Van Huyssteen to work together with Zeelie to organise an explosion at the Kings Theatre. The scheme was to make it appear that White conscience groups were responsible for the explosions.
Van Heerden had nothing to do with the planting of the bomb but was on the scene later and assisted in the cover up.
D. The bomb scare at a theatre in Sunnyside, Pretoria.
Kendal states in his application that the instruction came from Brigadier R P McIntyre to inform all Security Branches country wide to prevent the screening of the film at all theatres. Kendall obtained a limpet mine from a certain George Hammond of the explosives division. It was then arranged that Sergeant Pieter van der Merwe and a female constable whose name the Applicant cannot recall should place the limpet mine in the theatre at Sunnyside and that Piet Mogai would then phone the theatre and make a bomb threat. This was done and the theatre was vacated. The police traced and found the bomb. The Applicant cannot recall whether there was any further screening of the film.
In all these incidents there was no injury or death of any person. These matters could have been handled in chambers in terms of Section 19 (3) of the Act.
All the applications comply with the requirements of the Act; the Applicants have made full disclosure of all the material facts relevant to their actions and the acts for which amnesty is sought are acts associated with a political objective. What the Applicants aimed at by preventing screening of the film was to curb a revolutionary situation which could have resulted. Steve Biko was a prominent Black Consciousness Leader who died in the hands of the Police. Donald Woods was regarded, mostly by the Black people, as a White person who contributed in the struggle for liberation and who provided a platform for the Black Consciousness Movement to air its views.
Having considered all the evidence adduced before it and information placed before it, the Committee is satisfied that the Applicants are entitled to amnesty.
Accordingly, all the Applicants are hereby granted amnesty for any act, omission or delict directly connected and/or arising out of incidents related to the preventing of the showing of the "Cry Freedom" film committed during or about July 1988 at various places in South Africa.
SIGNED at CAPE TOWN this ......day of..........2000
_______________________JUDGE A WILSON
________________________ADV L GCABASHE
________________________ADV C DE JAGER S.C.
_________________________MR J B SIBANYONI
