DECISION
The Applicant, a former Sergeant and member of the Security Branch of the South African Police, has applied for amnesty in respect of a whole series of acts some of which have been dealt with at hearings of the Committee. The acts and offences dealt with in the present decision do not constitute gross violations of human rights and are therefore dealt with in chambers. These relate to the following incidents:
1. The transportation of firearms from Oshakati, Namibia to Vlakplaas in the Republic of South Africa;
2. Recruitment of one Mervin Fourie in the United States of America to discredit the African National Congress ("ANC");
3. Involvement with the collection of Military Intelligence in the United Kingdom;
4. Establishment of an unlawful arms cache at the Applicant's private home;
5. Unlawful dealing in firearms;
6. The Transkei Coup;
7. Unlawful entry into house of an activist, Hein Grosskopf's parents and a house in the Gordon's Bay area.
We shall deal with incidents 1, 2, 3, 6 and 7 separately. Incidents 4 and 5 are linked and will be dealt with jointly.
INCIDENT 1
The Applicant states that he was a member of the Vlakplaas Unit of the Security Branch of the South African Police at the time of this incident. He was ordered by his commander at Vlakplaas to go to the Koevoet Base at Oshakati to collect firearms, mostly AK47 assault rifles and to bring it to South Africa for purposes of training and operations. There is no indication that this fell outside the normal scope of duties of the Applicant and that he in any way regarded it as an unlawful operation. The Committee is of the opinion that no offence has been disclosed in this matter.
INCIDENT 2
The second incident relates to an act of political propaganda. The Applicant as a member of the "Directorate of Covert Collection" of Military Intelligence allegedly received instructions to go to the United States to recruit one Mervin Fourie who was allegedly tortured in an ANC camp in Angola because he was suspected of having worked for the South African Defence Force. Applicant was to secure the co-operation of Fourie in an effort to discredit the ANC. This matter materialised. The Committee here too is of the opinion that the alleged actions of the Applicant does not disclose any offence for which amnesty can be granted.
INCIDENT 3
This incident also relates to an alleged exercise of Military Intelligence in gathering intelligence in the United Kingdom. According to the Applicant he was instrumental in gaining military intelligence which he had passed on to Pamela du Randt who was employed by Military Intelligence and who attended to the propaganda operations against various political groups. Once again the Applicant has failed to show that any unlawful act was committed.
INCIDENTS 4 AND 5
Incident 4 concerns the creation of an unlawful arms cache by the Applicant in the garden of his private home. This arms cache was created from weapons the Applicant had obtained while he was a member of the Vlakplaas Unit. The reason why these weapons were given to the Applicant has not been disclosed by him. What is of importance however is that the Applicant had sold three of these weapons, two AK47 assault rifles and one SKS rifle to an unidentified young man for R5 000. Both the creation of the arms cache and the eventual disposal of some of these arms were clearly for personal gain negating the requirement of an act associated with a political objective as envisaged by the Act.
INCIDENT 6: The Transkei Coup
During or about November 1990 the Applicant was approached by his commander Eugene de Kock for arms to be used by Craig Duli in an attempted coup d'état on the former Transkei. The Applicant did not participate in the actual operation. He supplied the arms to a fellow security policeman Willie Nortje, who presumably took it to Eugene de Kock.
INCIDENT 7: Unlawful entry into and search of a house in the Strand/Stellenbosch area and a holiday home in the Gordon's Bay area.
Shortly after a bomb explosion in Krugersdorp in which an activist, Hein Grosskopf, was a suspect the Applicant assisted in unlawfully entering into and searching the parental home of the suspect and their holiday home with a view to obtaining more information. The people involved was his commander, Eugene de Kock, as well as other members of the Security Branch, Japie Kok, Riaan Bellingan and Tinus Ras.
The Committee is satisfied that the Applicant has complied with all the requirements for amnesty in respect of incidents 6 and 7 set out above.
In the circumstances and for the reasons set out above, the application is REFUSED in respect of incidents 1, 2, 3, 4 and 5 above.
Amnesty is GRANTED for:
1. The unlawful supply of firearms to be used by Craig Duli in an attempted coup d'état in the former Transkei during or about November 1990;
2. The unlawful entry into and search of a house in the Strand/Stellenbosch area and holiday home of the parents of the activist Hein Grosskopf subsequent to a bomb explosion in Krugersdorp on a date unknown to the Applicant.
DATED AT CAPE TOWN THIS 28TH DAY OF MAY 2001
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