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 Applicants are all former members of the South African Security Forces ("SASP"). At the relevant time the Applicants were based at the notorious Vlakplaas Unit and De Kock was their Operational Commander, whilst Brigadier FW Schoon was the overall commander. They are seeking amnesty for the following crimes:
1. Conspiring at Piet Retief in or about 1986 to break into the offices of the Swedish International Development Agency ("SIDA");
2. Burglary into and theft of files, journals, photographs and a number of documents at the SIDA offices in or about 1986;
3. Malicious damage to property, namely a photocopying machine belonging to SIDA;
4. Abduction and intimidation of unknown persons at the SIDA offices in Manzini, Swaziland in or about 1986;
5. Defeating the ends of justice.
All these offences arise out of a burglary which was carried out by the Applicants in the said year and place into the offices of SIDA. We intend to summarise the facts and evidence which is as follows. According to De Kock in 1986 Glory Sedibe, a cadre of Umkhonto weSizwe ("MK"), the military wing of the African National Congress ("ANC") was abducted by members of the Vlakplaas Unit. He was subsequently turned and worked for the SASP at Vlakplaas. During interrogation Sedibe gave information about activities in SIDA offices. From the information that was obtained from him it appeared that SIDA was a pay-point not only for ANC supporters who had left the country, but for all political organisations and activists who were engaged in the struggle against the previous government. The offices had a number of files, documents and photographs of activists who had left the country to be engaged in the struggle in exile. Some of these refugees would be subsequently recruited to join MK. De Kock states that at the time it was well known that Scandinavian countries, Sweden in particular, supported the anti-apartheid struggle. They also worked very closely with the ANC in some of its activities.
De Kock discussed the information he had obtained with Frank Pienaar who was the head of the Security Branch in Piet Retief. They came to the conclusion that it would be better to get the documents, photographs and any relevant material at the SIDA offices. They were going to break into the said offices in the evening. They believed that these contained valuable information which would enable them, inter alia, to identify enemies of the South African Government in Swaziland, as well as the extent of the Scandinavian countries' involvement with liberation movements. This would also help them to update their own files in a whole number of respects. They were not going to seek prior approval from their superiors before launching the attack and De Kock very frankly states that it was their own initiative to protect the then existing political system. The offices were situated about one and a half blocks away from the Manzini Police Station, so they had to be very careful how they went about the operation.
On the day of the operation it was De Kock; Willemse; Bosch; Fourie and Lappies Labuschagne. Using false passports they entered Swaziland through the Nerston Border Post and proceeded to Manzini where they waited until late in the evening when there were no passers-by. They first went past the place several times to ascertain if there were any people there. At the convenient time and hour, approximately 9.00 p.m, they broke the door open with an axe. They entered and took several documents, photographs, files and accounting registers which reflected monies that had been paid to various people. They found a photocopier which they damaged in order that it could not be used again. Not all of them were armed and only those who did the breaking-in were armed with illegal weapons which were fitted in with silencers. Whilst they were busy sifting the many materials they had found there, a man and a woman came. The latter were commanded not to make any move but to face the wall at a distance of about five (5) to six (6) metres away from the Applicants. They continued with the sorting out of the materials, which were far too many to carry them all.
Fourie testified that he was a member of the Piet Retief Security Police under the command of W/O Frank Pienaar. He states that in the building they encountered about two (2) women and two (2) black youths. He ordered them to remain silent. They were never assaulted or abused by anyone of them. They were very much taken aback to see these people there as they believed that there were no persons residing there; they spontaneously screamed as they saw them. He grabbed one of them and slapped her on the face to compel her to keep quiet. he further states that he had a particular interest in the success of the operation because at the time hew was a member of C2 and was doing research on MK and APLA members' activities. They had photo albums of refugees as well as names of suspects they were trying to identify. Having thoroughly searched the offices they took all the possessions which they had found to Piet Retief Security Police offices where they again went through them with a fine tooth-comb to decipher all relevant information and compare it with what was already known to them.
Bosch testified and his evidence generally corroborated that of his co-Applicants.
Willemse did not testify at the hearing, due to health reasons. His legal representative Mr Attorney Lamey handed up a letter from psychiatrist Dr PA Van der Merwe dated 10 July 2000 and marked Exhibit B. Although the Committee initially expressed its reservations about the relevance and weight to be attached to such letter, we accept the statement from Mr Lamey that Willemse is presently not in a position to give viva voce evidence. There being no contradictions between the contents of his written application and the testimonies of his co-Applicants, we condone his non-attendance of the hearing and written application.
In any case, no gross human rights violation was committed in the incident and the matter could have been dealt with as a chamber matter in terms of the Act.
After considering the evidence in this matter, we are satisfied that all the Applicants have complied with the requirements of the Act. There is no doubt that the incident occurred as a the result of the conflict of the past. They further appear to have given a full disclosure of the relevant facts.
Amnesty is therefore GRANTED for all the offences.
SIGNED AT CAPE TOWN ON THIS 1ST DAY OF FEBRUARY 2001
JUDGE J MOTATA
ADV N SANDI
ADV F BOSMAN
