DECISION
The Applicant is seeking amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act") in respect of a number of incidents which will be detailed below. The matter is being decided in chambers. At all material times, the Applicant was a member of the former South African Police. He was a senior officer attached to the Security Branch and held the rank of Lieutenant-General when he retired in 1985. The incidents forming the subject matter of the application will be set out separately.
BOMB EXPLOSION AT AN UNUSED TRAIN LINE
This incident happened during or about 1987 or 1988 at Factoria in Krugersdorp. As part of the process of enhancing the credibility of a Security Branch source who had infiltrated the structures of Umkhonto weSizwe ("MK") in Botswana, Applicant and some of his colleagues in the Security Branch caused a controlled explosion late at night at an unused train line in the vicinity of a fuel depot. The source had earlier been ordered by MK to launch an attack on a strategic point inside the country. Applicant ensured that the media gave wide coverage to the incident in order to secure the position of the source within MK.
Having considered the matter, we are satisfied that the incident formed part of the strategy of the Security Police to counter the struggle waged at the time by MK. Applicant was, moreover, clearly acting within the course and scope of his official duties at the time.
In the circumstances we are satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and that the application complies with all of the requirements of the Act. Amnesty is according hereby GRANTED to the Applicant in respect of all delicts and offences arising from an explosion at an unused train line in Factoria, Krugersdorp during or about 1987 or 1988.
ESTABLISHMENT OF AN ARMS CACHE
This incident happened during or about March 1988 at or near Chamdor, Krugersdorp. It involved the planting of arms and ammunition on the premises of a disused mine in order to create the impression that it was an arms cache established by a liberation movement. In execution of the plan, the alleged discovery of the arms cache was reported to the Applicant who ensured that the incident received maximum media coverage. The objective of the operation was to create a justification for a cross-border raid planned by the Security Forces.
Having considered the matter, we are satisfied that the incident constitutes an act associated with a political objective within the context of the conflict of the past and that the application complies with all of the other requirements of the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences directly arising from the unlawful establishment of an arms cache at or near Krugersdorp during or about March 1988.
CONSPIRACY TO CAUSE AN EXPLOSION
This incident occurred during or about 1988 at or near Roodepoort. One of Applicant's subordinates reported to him that the police were unable to secure credible evidence to prosecute an unknown person living in Roodepoort who was involved in offences of terrorism and smuggling of arms and explosives. The subordinate suggested to Applicant that the police should bomb the office or residence of the person in order to put a stop to his activities. Applicant and his subordinate approached a superior officer at the head office of the security police in an attempt to obtain authorisation for the operation. Authorisation was refused and Applicant was compelled to abort the plan.
Having considered the matter, we are satisfied that the incident occurred within the context of the political struggle conducted at the time by the Security Police against members and supporters of the liberation movements. In the circumstances we are satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and that the application complies with all of the other requirements of the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences arising from the conspiracy to bomb the office or residence of an unknown person suspected of having committed offences of terrorism and smuggling of firearms and explosives at Roodepoort during or about 1988.
FRAUD AND THEFT OF UNITED NATIONS VEHICLES
This incident occurred during or about 1990 at Pretoria. The relevant circumstances briefly were that Applicant was ordered by his superior within the Security Police to co-ordinate the transfer of certain vehicles stolen from the United Nations Task Force in Namibia, into the vehicle fleet of the police. Applicant was not involved in the actual theft of the vehicles and was only informed about the incident at the stage when the vehicles were already stored at the police college in Pretoria. One of the vehicles was later stolen and the remaining three were eventually registered as part of the police fleet.
Having considered the matter, we are satisfied that the incident occurred within the course and scope of Applicant's employment as a member of the police and resulted from the past political conflict. We are accordingly satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and that the application complies with all of the other requirements of the Act.
In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences arising from the fraudulent registration of stolen United Nations vehicles as part of the police fleet during or about 1990 at or near Pretoria.
DATED AT CAPE TOWN THIS 8TH DAY OF MAY 2001
??
2
/...
/...
