: DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No.34 of 1995 ("the Act).
The applicants have applied for amnesty in respect of acts, omissions or offences that they committed in relation to an attack on the homestead of Inkosi Ngoza Elphas Mthembu during 1988.
It is common cause that all applicants were members of the South African Police' Security Branch at the time of the incident. Vorster was second in command to the late Colonel Andy Taylor ("Taylor") and was part of his anti-terrorist unit based at a farm in the Camperdown district. He was from the Pietermaritzburg Security Branch as was Humphries and his subordinate. Du Preez was from the Durban Security Branch. Although Taylor made an application for amnesty in respect of this incident, he died before it could be heard. The relevant portion of his application was read into the record at the hearing.
All the applicants testified at the hearing. Briefly, their evidence was the following: Taylor was the handler of an ANC informer who was responsible for bringing arms into South Africa. Taylor decided to launch an attack on Inkosi Mthembu's homestead using AK47s and with the intention of leaving behind disarmed Russian-made M75 handgrenades so that the attack would appear as if it had been carried out by the ANC. This was intended to bolster and enhance the informer's reputation as someone who effectively made use of such weaponry. It was also intended that once the ANC heard of the attack the informer would be able to bring more arms into South Africa. Such arms would then fall into the hands of the Security Branch rather than those of the ANC.
Taylor thus contacted Vorster and told him to find a member to go on the operation. He also contacted Du Preez and told him to come to the farm and to bring the handgrenades with him. Vorster contacted Humphries and told him to be ready to go on an operation. Taylor, Vorster and Du Preez then met at the farm. Taylor explained the operation to them and handed two AK47 automatic assault rifles to Du Preez.
The group then left the farm in two vehicles and met with Humphries at the Alexandra Road police station in Pietermaritzburg. Taylor briefed Humphries and the four of them then left for the Tugela Ferry area via Greytown. When they got near to the homestead, they stopped and Taylor, Vorster and Du Preez then drove to the homestead which Taylor pointed out to Du Preez. They then returned to where Humphries was waiting at the other vehicle, a Mitsubishi minibus.
Du Preez and Humphries then drove to the homestead and attacked it with the AK47s. Du Preez threw three of the handgrenades at the homestead. One went into the house breaking a window. The others landed near to the house. Du Preez said that the handgrenades had been rendered harmless in Pretoria before he had received them. The detonators had been tampered with so that they would not be able to cause the handgrenades to explode. In addition, Du Preez made quite sure that the grenades were safe by unscrewing the detonators and activating the firing mechanism before replacing them.
It is common cause that no-one was injured in the attack and that extensive damage was caused to the homestead. The applicants said that they took care to ensure that they fired in such a way as to avoid people in the homestead being injured.
Mr S'phamandla Wiseman Mthembu, the eldest son of Inkosi Mthembu testified as to his recollection of the event and the damages suffered by the family. There were some exaggerations and/or mistakes made in some of the estimates of the damage and a few other minor differences between his evidence and that of the applicants. However, in essence there were no major relevant differences between the two versions of the event.
All the applicants maintained that they acted in the execution of their duties as members of the SAP on the express orders of Taylor. We are satisfied that their actions are acts associated with a political objective which took place during the conflicts of the past. We are also satisfied that they did not act out of ill will, spite or malice or for personal gain and that in the circumstances they have disclosed all relevant facts.
In the result, we are satisfied that the applicants have complied with the requirements of the Act and they are GRANTED amnesty for the following:
1. Malicious damage to the homestead and other property of Inkosi Ngoza Elphas Mthembu during 1988;
2. The unlawful possession of arms, ammunition and handgrenades;
3. Defeating and obstructing the ends of justice.
The Committee is of the opinion that Inkosi Ngoza Elphas Mthembu is a victim and he is accordingly referred to the Reparation and Rehabilitation Committee for consideration in terms of Section 22(1) of the Act.
SIGNED AT CAPE TOWN ON THIS 24TH DAY OF JANUARY 2001
: JUDGE S MILLER
: PROF F BOSMAN
: MR I LAX
