DECISION
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The applicant applied for amnesty for defeating the ends of justice in that he caused a handgrenade to be planted in a car in order to cause the arrest of prosecution of MK members. This happened on the same occasion when askaris from Vlakplaas were used in a trap to arrest MK members who brought weapons into the RSA to be handed to ANC members operating on the Rand. It was arranged that the MK members would deliver the weapons to the askaris in Smith Street, Johannesburg.
The applicant was ordered by Captain Chappies Klopper to take up position in the nearby vicinity to be of assistance if anything went wrong. While parked a few hundred yards away, a woman crossed the street and while doing so, was robbed of her handbag by four men.
The applicant got out of the car and attempted to arrest them. They fled and he fired shots at them and wounded two of them. He managed to arrest one of the wounded men, called for an ambulance and while they were helping the wounded man into the ambulance, he heard shots from the vicinity where the weapons were to be handed over. This was not in accordance with the planning and he realised something must have gone wrong. He rushed to the scene and found that two MK members, one askari and six civilians were wounded. He met one of the askaris who pointed out the vehicle used by the MK soldiers and on looking into it, did not see any weapons. He had a hand grenade in his car, went to fetch it and handed it to one of the askaris with the instruction to put it in the car. The motive was to link the MK members to the possession of illegal weapons in case no other weapons were found on the scene or in their possession.
It later transpired, after a search of the vehicle had been executed, that other weapons were indeed hidden in the car.
The applicant stated that the act was associated with the political objective of protecting the askaris should it transpire that they had no reason for confronting the MK soldiers and for being involved in a shoot-out. This again would result in protecting the Security Police so that they could carry out their task of keeping the Government in power.
The Committee is satisfied that the requirements laid down by Act 34 of 1995 have been met and amnesty is GRANTED to the applicant for defeating the ends of justice by planting a handgrenade in a vehicle used by MK members in Smith Street, Johannesburg during or about 1990.
DATED AT THIS DAY OF 2000.
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ACTING JUDGE C DE JAGER
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ADV S SIGODI
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MR J B SIBANYONI
