Decisions

DECISION

The Applicant previously applied for amnesty in respect of a number of incidents which were heard at public hearings of the Committee.  The present matter is being dealt with in chambers.

At all material times Applicant was the commanding officer of the Special Forces of the then South African Defence Force, which position he occupied from 1 November 1985 until 1 November 1988.  He held the rank of Major-General.  For the first two months of his tenure of office as commander of Special Forces, he worked together with his predecessor, General Liebenberg who was then the Chief of the Army.  During this period it came to Applicant's attention that Special Forces had prepared plans to release Charles Sebe from custody in the then Ciskei.  Applicant had no knowledge about the background to the planning.  He was subsequently ordered by one of his superiors to execute the plan.  This was a covert operation executed by a special unit within Special Forces.  In accordance with the reports made to the Applicant, the operation was a success and no injuries or damage resulted from the operation.

Having considered the matter, we are satisfied that the incident is directly related to the political conflict of the past and that it occurred within the course and scope of Applicant's duties.  In the circumstances we are satisfied that the application complies with all of the requirements of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 and amnesty is accordingly GRANTED to the Applicant in respect of all delicts or offences arising from the release of Charles Sebe from custody in the Ciskei during or about 1985 - 1986.

DATED AT CAPE TOWN THIS 9TH DAY OF MAY 2001

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