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 a number of offences which were committed by the Applicant arising out of the murder of Mr Griffiths Mxenge in Durban on 19 November 1981. The murder itself formed the subject-matter of a separate amnesty application by Captain Dirk Coetzee and fellow members of the South African Police who were involved in the incident. Amnesty was granted to those applicants in respect of the murder. The present application is unopposed and the salient facts can be set out briefly as follows.
Applicant played no role in either the planning or the execution of the murder of which he had no prior knowledge. Approximately two weeks after the incident, Applicant was approached by a colleague, Brigadier Du Preez, who handed an envelope containing money over to the Applicant. Brigadier Du Preez requested Applicant to hand the envelope to Captain Coetzee and to indicate to Captain Coetzee that the money was for the black members of his unit. Applicant duly handed the envelope over to Captain Coetzee who knew exactly what it was all about. Although Applicant was not directly informed, he inferred that the money was a reward for the murder of Mr Mxenge. In the light of certain other information conveyed to Applicant by Brigadier Du Preez, Applicant was convinced that the police were responsible for the murder. Applicant accepted that his conduct in regard to the reward, rendered him guilty as an accessory after the fact to the murder.
The incident was subsequently investigated by two official investigative tribunals. Applicant submitted false affidavits in respect of the murder to both tribunals. Applicant accordingly committed the offence of perjury in his affidavit submitted to the McNally Commission of enquiry during 1989 as well as in his affidavit to the Harms Commission during 1990. Applicant, moreover, conceded that he defeated the ends of justice through his failure to disclose the information that came to his knowledge in respect of the murder. Applicant indicated that his actions were motivated by his desire to protect the interests of the South African Police, the then government and the governing Nationalist Party of which he was a supporter. He contended that he was acting in the execution of his duties as a police officer against a supporter of a liberation movement, the African National Congress.
Having considered the matter, we are satisfied that the Applicant made a full disclosure of all relevant facts and that his conduct constitutes acts associated with a political objective as envisaged by the Act. In the circumstances the application complies with all of the requirements of the Act and amnesty is hereby GRANTED to the Applicant in respect of the following:
1. The offence of being an accessory after the fact to the murder of Mr Griffiths Mxenge in Durban on 19 November 1981;
2. Defeating the ends of justice by failing to disclose the information within his knowledge in respect of the murder of Mr Mxenge;
3. Perjury in respect of the affidavit deposed to for the purposes of the McNally Commission of Enquiry in 1989;
4. Perjury in respect of the affidavit deposed to for the purpose of the Harms Commission during 1990;
5. Any other offence or delict encompassed by Applicant's conduct as set out above.
DATED AT CAPE TOWN THIS DAY OF 2001.
ACTING JUDGE D POTGIETER
ACTING JUDGE C DE JAGER
ADV L GCABASHE
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