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 Pan Africanist Congress ("PAC") operatives during or about 1981 - 1982 by members of the security branch of the then South African Police. The matter is unopposed and the salient facts and can be stated briefly as follows.
During or about 1981 or 1982 two PAC operatives infiltrated into the country and were arrested by the members of the security police and detained in terms of the applicable security legislation. The operatives were infiltrated into South Africa in order to prosecute the armed struggle being conducted at the time by the military wing of the PAC. At a subsequent stage, it became apparent to the security police that the Minister of Law and Order was declining to further extend the period of detention of the two operatives in terms of the applicable laws. Applicant held the rank of Colonel at the time and he was in command of the security branch unit referred to as Section C. Applicant and one of his colleagues engaged in a discussion with their superior at the time Colonel Broodryk about the fate of the two PAC operatives. Applicant was initially opposed to the idea raised by the others that the operatives should be eliminated. Applicant preferred the option to explore the possibility of recruiting the operatives as informers of the security police. It later became apparent to Applicant that Colonel Broodryk had already cleared the killing of the operatives with higher authority and that he was in favour of this course of action. Applicant eventually agreed that the operatives be killed provided that attempts be first made to recruit them as informers. Applicant agreed to the eventual killing of the operatives because it was clear that their detention would not be extended nor would they be prosecuted. In his view to have prosecuted the operatives, would have given unnecessary stature to the PAC which would have assisted them in their political struggle because they would have been placed in a position to elicit financial assistance from foreign donors on the basis that they were a recognised liberation movement. In his view the PAC was not prominent at the time in the political conflict in the country. Applicant also held the view that the operatives had entered the country in order to threaten the lives and property of the inhabitants of the country. As such he regarded them as political opponents who could be killed.
The arrangement was that the operatives would be handed over to members of the Vlakplaas Unit of the security police in order to attempt to recruit them as informers. To the best of Applicant's recollection the operatives were taken to a safehouse near Komatipoort by members of Vlakplaas where the recruitment was to have been undertaken. After approximately one month, the Vlakplaas members returned to Applicant and informed him that all attempts to recruit the operatives failed and that the operatives had eventually been killed. The names of the PAC operatives were unknown to Applicant. Applicant reconciled himself with the killings because it was done on the orders of the security police superiors. Applicant conceded that his conduct amounted to the offences of conspiracy to murder and murder itself. He also accepted that he committed the offence of defeating the ends of justice by not reporting the murders as he was under a duty to do. Applicant indicated that he committed the offences in an attempt to protect the interests of the South African Police and the former National Party government which he supported. He contended that he committed the offences in the execution of his official duties and as part of the political struggle against the liberation movements.
Having considered the matter we are satisfied that the Applicant has made a full disclosure of all relevant facts and that his conduct amounts to an act associated with a political objective in terms of the provisions of the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of the following:
1. Conspiracy to murder two unknown PAC operatives during or about 1981 - 1982;
2. Murder of two unknown PAC operatives during or about 1981 - 1982;
3. Defeating the ends of justice in regard to the murders of the said PAC operatives;
4. Any other offence or delicts encompassed in Applicant's role in respect of the murders of the said PAC operatives.
DATED AT CAPE TOWN THIS DAY OF 2001.
ACTING JUDGE D POTGIETER
ACTING JUDGE C DE JAGER
ADV L GCABASHE
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