DECISION
The Applicant applied for amnesty for a number of incidents, some of which were dealt with at hearings. The remaining incidents do not constitute any gross violations of human rights and are accordingly dealt with in chambers. The Applicant was at all material times a member of the Security Branch of the South African Police attached to the Vlakplaas Unit under the command of Colonel Eugene de Kock. The incidents for which amnesty is being applied for will be dealt with separately.
INCIDENT 1: The supply of SAM7 missiles to Ciskei during the period 1990 -1991
The Applicant and a colleague, one Vermeulen, who also applies for amnesty for the present incident, were requested by their Commander Eugene de Kock to take a number of SAM7 missiles (estimated to have been about 5) from Vlakplaas to the former Ciskei. The Applicant is unable to furnish full details of what the missiles were intended for but he was aware of the fact that at the time conflict existed between the government of the then Ciskei and Transkei.
The Applicant and Vermeulen also gave instructions to members of the Ciskeian army in the use of the said missiles. They each received R2 000 for the training they provided. Although they received monies for the training and instruction given by them it cannot be said that the transportation of the missiles was done for personal gain. The Committee is therefore of the opinion that the money received by the Applicant does not preclude the granting of amnesty in respect of the unlawful act of supplying the missiles to the Ciskei. This clearly fell outside the ambit of their duties as policemen, albeit that they were members of the Security Branch.
INCIDENT 2: Creating arms caches for the Northern Transvaal Security branch and aiding and abetting the commission of fraud
During or about the same period stated above, the Applicant and his colleague Vermeulen were requested by De Kock to create an arms cache (a so-called "dead letter box") in the Northern Transvaal. The objective of this was to enable the Commander of the Northern Transvaal Security Branch, Colonel Roelf Venter, to institute a false claim following the "discover" of an arms cache. The money was intended to pay an askari, Joe Mamasela, who played a major role in the activities of the Security Branch against political activists. The Applicant is unable to say whether such a claim was ever instituted by Venter. He and Vermeulen did, however, bury the arms consisting of Russian made pistols and RPG7 missiles. Two separate caches were created, one near Cullinan and the other at a spot 5km from Vlakplaas.
INCIDENT 3: Supply of weapons to Inkatha Freedom Party (1990 - 1992), the manufacturing of "pipe bombs", tyre bombs" and the modification of hand grenades
3.1 The Applicant and his colleague Vermeulen were asked by De Kock whether they could assist in the manufacture of home-made firearms referred to as pipe guns. They approached a certain Derek Rausch to assist them in the manufacture of these co-called pipe guns, which he duly did. The Applicant and Vermeulen tested 6 prototypes at Vlakplaas. Rausch was once again approached to make his workshop available and to train the Applicant and Vermeulen in the use of the equipment for the manufacturing of the pipe guns. Approximately 100-150 guns were manufactured. These arms were then handed to Willie Nortje, Brood van Heerden (also Security Branch members) or to De Kock who thereafter delivered the arms to various members of the Inkatha Freedom Party ("IFP"). Subsequently another 100-120 guns were manufactured at the request of De Kock. The manufacture of the arms amounted to between R30.00 and R50.00 per gun, which amount included the purchase of the material and the use of Rausch's workshop. Rausch was paid for his assistance. In his application, which was refused on account of personal gain, he confirmed that he added a mark-up to the material purchased and was paid for the use of his workshop. The monies earned by Rausch was, however, eventually shared between Rausch, Snyman and Vermeulen. These two Applicants are accordingly likewise precluded from receiving amnesty for these actions, which were committed for personal gain.
3.2 The Applicant and Vermeulen also made a number of bombs out of tyres by filling it with a variety of explosives. These were also handed to De Kock but the Applicant is unable to state how these bombs were used. In addition hereto they also assisted in the modification of hand grenades which were also handed to De Kock and Nortje for distribution. There is nothing to indicate that they had received any money in respect of these and the Committee is satisfied that they are entitled to amnesty in this regard.
INCIDENT 4: Manufacture of "funny rounds" of ammunition
The Applicant and Vermeulen were requested by De Kock to modify rounds of ammunition and thus render them into so-called "funny rounds". The objective was that the "funny rounds" would be distributed to political activists by police sources who had infiltrated the ranks of liberation movements who launched attacks on the Security Forces. The "funny rounds" would then explode in the hands of the persons who used it. The Applicant subsequently heard of only one incident where such "funny rounds" had been used and which had resulted in the destruction of the weapons used.
INCIDENT 5: Transporting arms from Namibia to South Africa
During 1989 the Applicant assisted in transporting arms from Namibia to Vlakplaas. The Applicant understood the reason to have been to prevent the arms from falling into the hands of SWAPO (the South West Africa People's Organisation). He is unable to state whether the weapons were at that time intended for any particular operation. He later heard that some of the arms were later given to Inkatha, the Ciskei government for use by the Ciskeian army and also to individual members of Vlakplaas. The Committee is of the opinion that the transportation of the arms in itself was undertaken in the normal course of the Applicant's duties and that this incident does not disclose an offence for which amnesty can be granted.
INCIDENT 6: Establishing a private arms cache
During or about 1990 the Applicant and Vermeulen received a variety of arms from De Kock. The arms were buried by them at Applicant's house situated at Kilner Park, Pretoria, for use by them in the event of a revolution at the time of the first democratic elections in 1994. The cache included AK47 rifles, RPD machine guns and R5 machine guns and ammunition as well as a quantity of explosives. All of the above was subsequently handed to the investigation team of the erstwhile Attorney-General of the Transvaal. The Applicant also assisted in fraudulently creating the impression that these arms had been stolen for the arms to be written off.
INCIDENT SEVEN: Destruction of arms at Paardenfontein
At the time when the so-called C-Section of the Security Branch was dissolved the Applicant received an order from Colonel Eugene de Kock to assist in the destruction of arms at Paardenfontein at or near Pretoria. This was done to prevent any possible linking of these arms with the covert operations of members of the Vlakplaas Unit.
After perusal of all the relevant documentation on the file of the Applicant together with the applications submitted by Vermeulen and De Kock the Committee is satisfied that the Applicant has complied with all the formal requirements for amnesty. The Committee is further satisfied that, with the exception of incidents three and five above, all the other acts committed by the Applicant were associated with a political objective as envisaged by the Act and that the Applicant has made a full disclosure of all the relevant facts.
Accordingly, amnesty is GRANTED to the Applicant in respect of all offences and delicts associated with or resulting from:
1. the supply of arms to the Ciskeian Defence Force during or about the period 1990-1991;
2. the creation of unlawful arms caches at or near Cullinan and Vlakplaas during or about 1990-1992;
3. the provision of arms other than pipe guns to the Inkatha Freedom Party during or about 1989;
4. the manufacturing of tyre bombs and the modification of hand grenades during the same period;
5. the manufacture of "funny rounds" of ammunition during or about the period 1990-1992.
6. the establishment of an unlawful arms cache at Applicant's home situated at Kilner Park, Pretoria during or about 1990.
7. the unlawful destruction of arms at Paardenfontein at or near Pretoria at the time of the dissolution of C-Section of the Security Branch.
Amnesty is REFUSED in respect of:
1. the unlawful training of members of the Ciskei Defence Force in the handling of weapons unlawfully provided to them during or about the period 1990-1991;
2. the manufacture and supply of pipe guns to the Inkatha Freedom Party during or about 1989;
3. the transportation of firearms from Namibia to Vlakplaas during or about 1989.
SIGNED AT CAPE TOWN ON THIS THE 28TH DAY OF MAY 2001
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