: DECISION
This is a application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995. The applicant whose evidence is unchallenged is seeking amnesty for his participation in various acts of abduction and unlawful detention of supporters of the african National Congress ("the ANC") in the former KwaNdebele Bantustan during 1986 and 1987. At the relevant time the applicant was a member of the civilian force of the erstwhile South african Defence Force ("SADF").
The applicant testified that in 1986 he underwent a Junior Leadership course in Kimberley and in 1987 he was transferred to Pretoria. During or about February 1987 he was again transferred to Witnek Military Base in KwaNdebele and was appointed a member of the SADF Intelligence Network in the area which monitored infiltration into the former homeland. At the time the region was ravaged by political violence and there were quite a number of infiltrations into the area by cadres of liberation movements, primarily of Umkhonto weSizwe ("MK"), the military wing of the ANC. The applicant worked under Major Swanepoel who was the general commander of the base. The applicant's specific order was to run what he called "operation rooms" in the base. He was in control of two (2) radio operators who were in charge of the radio communication system. This was basically an administrative function and he would handle all files and documents that were kept in the operations room. He also controlled the guards who looked after the base and drew up the roster system.
The applicant states that whilst he was at the base Swanepoel called all the members into a hall. He told tem that he was planning to launch an operation to recruit someone from the local community as an informer. Different roles were assigned to different members and the place had to be cleared for caravans which were going to be brought to the base later. The applicant is unable to recall the details of all the different roles. However, he recalls that he was to supervise the clearing up of the area where the caravans were going to be stationed. When two (2) caravans were brought in, two (2) to three (3) days later, all the necessary was done and the applicant and other members were called in by Swanepoel who assigned them duties. Again, the applicant and another member were put in charge of the radio communication system and the regular radio was in contact with the Voortrekker Hoogte Headquarters. he states that it was clear to him that the caravans were going to be used to detain and question suspects. The base had no detention facilities. After the allocation of duties the applicant and other civilian force members were told to go out. As they were leaving the hall Swanepoel and other permanent members who continued with the planning of the contemplated abduction. The applicant and his civilian force colleagues were not going to be present when the abduction takes place. Neither did they witness any interrogation, if it took place at all. They were not allowed by Swanepoel to enter the caravans or come anywhere near the scene to observe for themselves what was happening inside there. The operations took place in the middle of the night and all the applicant would have to do was simply to ensure that Swanepoel and other members of the permanent force returned to the base, they were able to enter the premises without obstacles at the security gate. This they did and for about two (2) to three (3) times Swanepoel and company would go out late at night and return to the base. The applicant and his company would not see any person in Swanepoel's custody. Neither would they see him and his colleagues when they returned to the base.
After carefully considering the matter we are of the view that the evidence does not suggest that the applicant committed an offence, let alone whether his conduct constitutes "an act associated with a political objective" in terms of the Act. He never took part in the planning or execution of the alleged abductions and after these had occurred he did not see any captive. He did not see Swanepoel and company when they returned and only communicated with them through the radio system. He never saw them interrogating any so-called detainee and therefore cannot affirmatively testify that any person or captive was held and interrogated at the base. He is unable to say how, where and why any particular person was abducted. Even if such abduction took place as he believes, the evidence does not suggest that it was an act against a political opponent or a person associated with opponents of the erstwhile government. It is clearly not a crime for members of the security of the State. In the circumstances it also cannot be said that the applicant had a duty to report the commission of a crime as no crime had been committed. In the result amnesty is REFUSED.
SIGNED AT CAPE TOWN THIS 26TH DAY OF FEBRUARY 2001
D POTGIETER (AJ)
ADV N SANDI
MR W MALAN
