DECISION
The applicants apply for amnesty in respect of the following offences:-
1. Conspiracy to murder Aaron Mkwanazi (Alias Take Five) and Sadie Pule on 31 December 1986/1 January 1987 near the Ramotswe River in Botswana;
2. The murder of a woman known as Matura and any other person killed during the execution of the incident referred to above;
3. The malicious damage to property caused during the incident referred to above;
4. Any other offence or delict directly linked to the incident described above established by the evidence given at the hearing.
Loots was the Commander of the Security Branch in the area then known as the Western Transvaal. He testified about the importance of the Botswana Border as an infiltration route at that time for the liberation forces. According to him a sophisticated network of infiltration routes and logistical support were set up for the African National Congress ("ANC") by Marius Schoon in the late 1970's and early 1980's. Weapons and explosives were stored in Botswana and brought into the Republic of South Africa ("RSA") where they were used in attacks on farmers, policemen and other targets.
The security police became aware of the activities of two high profile Umkhonto Wesizwe ("MK") commanders known as Take Five (Aaron Mkwanazi) and Sadie Pule. Complaints were lodged with the Botswana police and the Botswana Government about their activities. This did not render any positive results in minimising the attacks and allegedly left the applicants with no option other than to launch attacks across the border.
On 31 December 1986 Loots received information from the late Captain Wehrmann, the then acting station Commander at Zeerust, that Take Five and Sadie Pule were at a safehouse in Ramotswe in Botswana and that they would spend the night there. This information was received by a member of the security police Warrant Officer Modise, from a source in Botswana. Loots, Wehrmann and Modise went to a spot between Zeerust and the Botswana border where Loots met the informant and acquainted himself with the information. He telephonically reported it to Brigadier Schoon and proposed that steps should be taken to eliminate the two MK members who were known members of the MK Special Operations Group responsible for the infiltration of weapons and explosives into the RSA. Schoon, after having considered the proposal, authorised Loots to contact commandant Charl Naude of the Special Forces Unit of the South African Defence Force to assist him in the operation.
Loots thereupon involved Wehrmann, as well as his co-applicants du Preez, Smit, Crause and Modise in the carrying out of the operation. They gathered on a farm near Nietverdiend where Loots met Naude who was accompanied by other Special Forces members and informed him of the situation. They proceeded to the border where they found the Ramotswe river in flood. Modise had to accompany the members of Special Forces who were tasked to carry out the attack, in order to point out the safe house where the two MK cadres would overnight. Modise was assisted by Crause to cross the flooded river. The rest of the security police members as well as Naude remained in the RSA.
The attack on the safe house was carried out after midnight and a woman and probably (according to newspaper reports) a man were killed. The Special Forces members reported back that the operation was successfully completed. At that stage everybody involved were under the impression that Take Five and Pule were killed.
It later transpired that Take Five and Pule became suspicious because two unknown cyclists were seen in the vicinity of the safe house and they sought accommodation elsewhere. The person or person killed were mistakenly believed to be Take Five and/or Sadie Pule.
In a statement handed in by Aaron Mkwanazi at a Human Rights Violation Committee hearing of the TRC, he stated that he operated under the MK name of Take Five. He also stated that only an elderly woman, Matura, who was a supporter of MK and an activist, was killed in the explosion. In other reports, however, mention have been made of up to four people being killed. The Committee is not able to make a definite finding as to how many people were in fact killed. Although Take Five and Pule were targeted, it was foreseen that other people could be killed in the attack.
Schoon, in his evidence confirmed that Loots telephoned him with the proposal that steps should urgently be taken against Take Five and Pule and that Loots was given permission to contact Naude and to carry out the operation.
Crause testified that he accompanied Loots, Smit, Wehrmann and Modise. He helped Modise to cross the flooded Ramotswe river and thereafter accompanied him to a house which he pointed out as the target to the Special Forces members. He and Modise then stayed behind while the three members approached the house. He heard a window break and a huge explosion followed. Thereafter he heard several shots being fired. The Special Forces members returned and one said that they have killed a man and woman. He accepted that Take Five and Pule were killed but later learnt that it was not the case. According to him they all foresaw the possibility that innocent people might be killed in an attack of this nature.
Smit confirmed that he accompanied the group to the border. He also did not participate in the actual attack. He, however, was aware that the particular house was used as a safe house and he considered an attack on the house itself to be justified.
Modise in his testimony confirmed the evidence already summarised above as far as his involvement was concerned. He did not take part in the actual attack. He pointed out the house to the members of the Special Forces on the night of the attack and confirmed that he gained information from a source that Take Five and Pule would be in that house on the particular night.
After considering the evidence the Committee is satisfied that:-
(a) the applications comply with the requirements of Act 34 of 1995;
(b) that the applicants have made a full disclosure of the relevant facts;
(c) that the offences to which the applications relate constitute acts associated with a political objective.
Amnesty is therefore GRANTED to the applicants in respect of the following offences:-
1. Conspiracy to murder Aaron Mkwanazi (Alias Take Five) and Sadie Pule on 31 December 1986/1 January 1987 near the Ramotswe river in Botswana;
2. The murder of a woman known as Matura and any other persons who might have been killed during the execution of the incident referred to above;
3. The malicious damage to property caused during the incident referred to above;
4. Any other offence or delict directly linked to the incident described above established by the evidence given at the hearing.
SIGNED AT CAPE TOWN ON THIS THE DAY OF 2001.
JUDGE D POTGIETER
ADV C DE JAGER SC
ADV L GCABASHE
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