DECISION
1. INTRODUCTION
These are applications for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act"). The applications relate to a number of incidents, involving different configurations of Applicants, which are dealt with separately below. It is necessary to set out the political context of the incidents in question.
2. POLITICAL CONTEXT
During the period 1982/1983 tensions developed in the ranks of the ruling Nationalist Party ("NP") on fundamental issues of policy and the future direction of political developments in South Africa. This ultimately led to a major realignment in white politics in the country. Broadly speaking there were two main schools of though developing among the ruling white political elite. The one faction saw their continued survival in a strict adherence to the policy of racial segregation and the other was prepared to explore the possibilities of moving away from the then prevailing policy of apartheid or racial segregation. The former faction eventually broke away from the NP and formed the Conservative Party ("CP") which represented a part of the white right-wing. This move did not ease the tensions between the two groupings. The NP government continued on its course of moving away from the policy of apartheid which was regarded by the CP as a treasonous capitulation to black political demands which will result in the country being handed over to communists. In response to this perceived threat, the white right-wing started organising itself in order to create structures that would ensure the safety of its members and the protection of their property. In this vein structures such as neighbourhood watches and surveillance groups ("verkenningsgroepe") were formed in various areas. An organisation which is of particular importance for present purposes is the secret right-wing organisation, "Toekomsgesprek" (literally Future Talks) which was also formed in this context. As the political situation progressively deteriorated from the right-wing perspective, radical talk and an inclination towards violence increased exponentially in its ranks. Elements from the military joined in and introduced their own professional skills, such as the manufacture of explosives and the like, into these structures which showed phenomenal growth and now accommodated a wide range of right-wing views and sentiments.
It was against the background of this volatile situation in right-wing circles, that matters came to a head when the NP government unbanned the liberation movements in February 1990. The right-wing saw the writing on the wall and had the insight to realise that the natural next step would be the enfranchisement of the black majority and eventual black majority rule in South Africa. They saw in this very probable development, the total destruction of their values and way of life.
The situation of the Applicants, all members of the right-wing at the time, calls for closer scrutiny.
3. POLITICAL PROFILES OF THE APPLICANTS
First Applicant, Daniel Benjamin Snyders ("Snyders") was deeply involved in the affairs of the right-wing and CP since its formation during the period 1982 - 1983. He was tasked to organise all right-wing organisations in the country into the neighbourhood watch system. This would result in a vital network which could be exploited for many purposes. The importance of this assignment is emphasised by the fact that Snyders received his instructions directly from a member of the CP National Council.
During the period 1984 - 1985 Snyders was assigned to the Commandos in Nelspruit where he was appointed as Company-Commander in his region. He maintained close contact with other right-wing organisations such as the Afrikaner Weerstands Beweging ("AWB") and the Herstigte Nasionale Party. During the same period he was sworn in as a member of "Toekomsgesprek" and assigned to the defence interest group ("Verdedigingsbelangegroep"). Snyders was invited to the people's convention ("Volksberaad") which was organised by the CP for 6 April 1990. This initiative was effectively highjacked by "Toekomsgesprek" in order to ensure that its members occupy strategic positions in the various interest groups to be formed at the convention. Snyders joined the national defence group of approximately 30 members formed at the convention. The objective of the group was to establish secret cells, give members military training and to stockpile arms and explosives. "Toekomsgesprek" was the backbone of these operations. It was a secret organisation which could be joined on invitation. Many members of the CP leadership were involved in the organisation which was closely linked to the CP. Snyders' participation in these structures led to his involvement in the incidents forming the subject-matter of these applications.
Second Applicant, Jan Petrus Kruger ("Kruger"), was also an active member of the CP having joined the party in 1982. He later also joined "Toekomsgesprek" where he was assigned to the defence structure with the objective of rendering the country ungovernable. At the suggestion of the "Toekomsgesprek" leadership, he underwent training in the manufacture and handling of explosives with a view to committing acts of sabotage. He became involved in the incidents forming the subject-matter of these applications through his activities in these right-wing organisations.
Third Applicant, Marthinus Christoffel Ras ("Ras"), was a member of the AWB since 1983 and joined the CP in 1989 after he met Kruger. He was subject to assessment for membership of "Toekomsgesprek" and was invited to some of its meetings which he attended. It was in this context that he became involved in the attacks to which the application relate.
4. INCIDENTS APPLIED FOR
The applications relate to various incidents and Applicants are facing criminal prosecution in respect of most thereof. Snyders is facing a civil claim in respect of two of the incidents. The different incidents will now be dealt with separately
4.1 Attack on Sabie Magistrate's Court
On 20 December 1991 Kruger and Ras caused an explosion at the Sabie Magistrate's Court on the instructions of a member of the "Toekomsgesprek" leadership, Douw Steyn, conveyed to them by Snyders. The explosives used were manufactured by Snyders. The buildings were damaged but no death or injuries resulted from the explosion. Applicants are presently facing a charge of sabotage pursuant to this incident.
4.2 Attack on Lowveld High School
Kruger and Ras caused an explosion at the school situated in Nelspruit on 1 January 1992 with explosives manufactured by Applicants. The attack was launched on the instructions of Douw Steyn as conveyed by Snyders. The building was damaged. Applicants are facing a charge of sabotage pursuant to the incident.
4.3 Attack on Nelspruit Agricultural College
During the period 14 - 15 March 1992, Snyders was involved in an attack at the college with explosives causing damage to the property. The attack was launched on the instructions of Douw Steyn. Snyders manufactured the explosives and furnished the same to another member of "Toekomsgesprek" who executed the actual attack. Snyders is presently facing criminal charges as well as a civil claim pursuant to the incident.
4.4 Attack on Nelspruit High School
Snyders planted explosive devices which he manufactured at the school during the period 14 - 15 March 1992 which were primed to detonate simultaneously with the explosives placed at Nelspruit Agricultural College. There is a dispute between Snyders and his brother, Louis Snyders, in regard tot he alleged role of the latter in the incident. It is not necessary for the purposes of this decision to resolve this issue.
Unbeknown to Snyders and due to some defect in the detonator, the devices did not explode simultaneously with those at the Agricultural College. Although Snyders monitored the explosions, he was misled by the sheer force thereof into believing that the devices at both premises in fact detonated during the explosion that he heard. During the course of the morning on 16 March 1992 a gardener at the high school discovered the devices which exploded after he handled the same. The gardener, Chashasa Andries Sithole, was killed in the explosion and another person, Sophie Mashaba, was injured. Two vehicles, a caravan and certain equipment on the premises were damaged in the explosion. All reasonable steps were taken to avoid any loss of life or injuries in the operation. The explosives were primed to detonate at 03h00 when no-one would be present on the school premises. Snyders and his colleagues were shocked at the death and injury that resulted from the incident which were never intended. He expressed remorse at these consequences of the explosion.
Snyders acted on the instructions of Douw Steyn in placing the explosives at the school. He is presently facing various criminal charges including murder and attempted murder as well as a civil claim pursuant to the incident.
4.5 Stockpiling of Arms and explosives
Subsequent to the arrest of Applicants various caches of arms were discovered by the police on farms in the vicinity of Nelspruit and Sabie. One of the farms belonged to Kruger. Various charges have been brought against the Applicants as a result. The arms and explosives in question were stockpiled on the instructions of the leadership of "Toekomsgesprek" in accordance with its policy of preparing for armed resistance against the political reforms introduced by the NP government at the time. Ras has not been involved in any of these activities and is not seeking amnesty in regard thereto, save for the possession of the explosives used at Lowveld High School and the Sabie Magistrate's Court.
5. EVALUATION OF THE APPLICANTS
We are satisfied that Applicants made a full disclosure of all facts relevant to the applications. None of the implicated parties including Douw Steyn appeared at the hearing. Only one of the interested parties submitted an affidavit in regard to the matter. This does not take the matter any further, save to support the Applicants on the political context of the incidents and their possible subjective political beliefs at the time.
In considering the question whether Applicants' actions constitute acts associated with a political objective, we take into account that they acted on the orders of one of their superiors within "Toekomsgesprek" and that the attacks fell within the policy of that organisation at the time. Although membership and the activities of "Toekomsgesprek" were secret, we are satisfied that it was a publicly known political organisation even though not widely known, independent from the CP whose policies did not include the kind of offensive, violent actions undertaken by the Applicants. Insofar as the death of Mr Sithole and injuries of Mrs Mashaba are concerned, we take into account that all reasonable steps were taken to avoid this kind of consequence from following the attack in question. The unfortunate death and injury are aberrations which could not reasonably have been avoided. We take into account in this regard that the attack was solely aimed at state property which was seen as representing the Applicants' political foes. In the peculiar circumstances of this case, we are satisfied in spite of initial reservations, that the death and injury ought to be included in the otherwise patently politically motivated conduct which ought to be covered by any amnesty which may be granted. We are accordingly satisfied that all of the actions undertaken by Applicants as set out above, constitute acts associated with a political objective as envisaged in the Act.
In the circumstances amnesty is hereby GRANTED to Applicants in the following terms:
1. in favour of Daniel Benjamin Snyders in respect of
1.1 all of the offences set out in the annexed indictment marked "A" issued in the Transvaal Provincial Division of the High Court including any delicts encompassed in the said offences;
1.2 all of the offences set out in the annexed charge sheet marked "B" issued in the Nelspruit Regional Court under case number SH84/92 including any delicts encompassed in the said offences.
2. in favour of Jan Petrus Kruger in respect of all of the offences set out in the charge being Annexure "B" hereto, including any delicts encompassed in the said offences.
3. in favour of Marthinus Christoffel Ras in respect of:
3.1 all of the offences set out in the charge sheet being Annexure "B" hereto, save for counts 3 and 4 and the alternative charges thereto, including any delicts encompassed in the offences for which amnesty is hereby granted;
3.2 unlawful possession of explosives on or about 20 December 1991 at or near Sabie Magistrate's Court;
3.3 unlawful possession of explosives on or about 1 January 1992 at or near Lowveld High School, Nelspruit.
In our opinion Sophie Mashaba and the next-of-kin of Chashasa Andries Sithole are victims in relation to the relevant acts for which amnesty is hereby granted and they are accordingly referred for consideration in terms of the provisions of Section 22 of the Act.
DATED AT CAPE TOWN THIS
: DAY OF JULY 2000.
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JUDGE DENZIL POTGIETER
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ADV N SANDI
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MR J B SIBANYONI
