DECISION
This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act"). The matter relates to the killing of two unknown African National Congress ("ANC") freedom fighters during or about 1972 at or near Zeerust. The matter is not opposed and the relevant facts can be set out briefly as follows.
During 1972 the South African Police arrested an ANC operative one Mumbaris and his wife who had been engaged in an operation to infiltrate groups of ANC operatives into the country. Subsequent to his arrest, Mumbaris co-operated with the police and arranged with his commanders in exile to execute a pre-arranged operation to infiltrate two ANC operatives into the country. Applicant held a subordinate position within the security police at the time and was charged with co-ordinating the investigations into the activities of Mumbaris with a view to bringing an eventual prosecution. In this capacity, Applicant became aware of the plans of the police to arrange an ambush for the two ANC operatives with the purpose of killing them. Applicant subsequently discovered that one of the ANC operatives was shot and killed in the ambush and the other one was arrested. Orders were given by the superiors within the security police that the arrested ANC operative should first be interrogated and thereafter be killed. Applicant had personal knowledge of the arrangements made in regard to the killing of the remaining ANC operative.
Although Applicant occupied a subordinate position and was not directly involved in the commission of the murders, he conceded that his conduct rendered him liable as an accessory to the murders and his failure to report the incident amounted to defeating the ends of justice in regard to the murders. Applicant indicated that he was motivated by a desire to protect the interests of the South African Police, the then government and the governing National Party of which he was a supporter. He also contended that he was acting in the execution of his official duties and against members of the ANC who were perceived as political opponents at the time.
Having considered the matter we are satisfied that the Applicant made a full disclosure of all relevant facts and that the conduct in question amounts to acts associated with a political objective in terms of the provisions of the Act.
We are accordingly satisfied that the application complies with all of the requirements of the Act and amnesty is accordingly hereby GRANTED to the Applicant in respect of:
1. Conspiracy to murder two unknown ANC operatives during or about 1972;
2. Murder of two unknown ANC operatives during or about 1972;
3. All other offences and delicts emanating from Applicant's role in regard to the murders in question.
DATED AT CAPE TOWN THIS DAY OF 2001.
ACTING JUDGE D POTGIETER
ACTING JUDGE C DE JAGER
ADV L GCABASHE
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