DECISION
The Applicant applies for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 in respect of the following incidents:
1. An explosion of a mini limpet mine at the Athlone Post Office, Western Cape in August 1989 causing damage to the property;
2. An explosion of a mini limpet mine at the First National Bank, Claremont, Western Cape in August 1989 causing damage to an automatic teller machine;
3. Conspiracy to kill an unknown number of trained members of uMkhonto weSizwe and the African National Congress (MK/ANC) in a car bomb explosion in Pretoria in or about 1988/1989.
At the time of the above incidents, the Applicant was an explosives expert and a member of a specialist unit within the Security Branch of the South African Police. During August 1989 he received instructions from his commanding officer, Colonel du Toit to assist in the two operations listed in paragraphs 1 and 2 above under the command of Captain Dave Baker who in turn acted under the direction of Colonel de Jager of the Western Cape. The objective was to cast suspicion on the Mass Democratic Movement who at the time protested against the tour of a world ruby team in South Africa. They were instructed to ensure that no injuries or loss of life occurred as a result of the operations and in both cases nobody was killed or injured.
The third incident involved the rigging of an unidentified Kombi motor vehicle with a bomb. The motor vehicle was to be modified and resprayed. This vehicle was intended to be used to bring about the killing in Swaziland or Mozambique of an unspecified number of MK/ANC cadres whose identities were unknown to the Applicant. They were a group of MK soldiers who were on their way to infiltrate the RSA.
The Applicant allegedly received his orders from a Captain Kobus Pretorius in Pretoria. The Applicant proceeded with the preparation and execution of the order. The modification of the vehicle and rigging it with a bomb that could be detonated by a remote control device was done as planned. The vehicle was picked up by a person whom the Applicant was unable to remember, but soon thereafter, Captain Pretorius informed him that he had terminated the operation.
After having considered the above applications in chambers as well as oral evidence given by the Applicant at hearing involving the general activities of the technical support unit of which the Applicant was a member, the Committee is satisfied that the Applicant has complied with all the requirements for amnesty, that the offences committed were offences associated with a political objective within the context of the conflict of the past as envisaged in the Act and that the Applicant has made a full disclosure of all relevant facts.
Accordingly, amnesty is GRANTED to Jacob Francois Kok for:
1. Malicious damaged to property as a result of the explosion of a mini limpet mine at the Athlone Post Office, Western Cape in or about August 1989;
2. malicious damage to an automatic teller machine as a result of the explosion of a mini limpet mine at a branch of the First National Bank in Claremont, Western Province in or about August 1989;
3. conspiracy to murder an unknown and unidentified number of MK/ANC soldiers in Swaziland or Mozambique by way of a car bomb in or about 1988/1989.
DATED AT CAPE TOWN THIS DAY OF 2001.
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