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 Applicant has applied for amnesty in respect of a number of incidents, most of which had already been finalised mainly at public hearings of the Committee. The present matters are being dealt with in chambers either because the incidents in question do not constitute gross violations of human rights as defined by the Act or relate to matters which can be disposed of without the need for a public hearing. Applicant's personal circumstances and his activities as a member of the Security Branch of the then South African Police are fully documented and had been canvassed in the matters which had already been finalised by the Committee. No useful purpose would accordingly be served by repeating those details.
The incidents forming the subject matter of the present decision will be dealt with separately.
DAMAGE TO JEWISH CHURCH
This incident happened during or about 1981 when Applicant was attached to the surveillance unit of the Security Branch at Johannesburg. During this period and on the instructions of his superior, Applicant participated in spray painting a Jewish church. Applicant was acting within the course and scope of his duties as a member of the Security Branch at the time. It is, moreover, clear from the context in which the incident occurred, that it formed part of the steps taken at the time by the Security Police to counter the activities of liberation movement activists. We are accordingly satisfied that the incident constitutes an act associated with a political objective and that the application complies with all of the requirements of the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from spray painting a Jewish church building in Johannesburg during or about 1981.
APPLYING POISON TO THE GARDEN OF BLAAUW OR WHELPTON
This incident happened during or about 1983 after Applicant had been transferred to the Security Police headquarters in Pretoria. Applicant was attached to Section G1 under the command of Craig Williamson. On the instructions of his superiors, Applicant sprayed poisoning in the garden of one, Whelpton or Blaauw, in an attempt to intimidate the latter. It is clear from the context in which the incident occurred that is formed part of the actions taken by the Security Police to counter the activities of political activists and other supporters of the liberation movements. In the circumstances we are satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and amnesty is accordingly GRANTED to the Applicant in respect of all offences directly resulting from spraying poison in the garden of one, Whelpton or Blaauw, during or about 1983.
DAMAGING THE VEHICLE OF DIRK COETZEE
This occurred during the period when Applicant was stationed at Security Police headquarters in Pretoria. On the instructions of his superiors, Applicant participated in administering a chemical substance to the motor vehicle of Dirk Coetzee in order to cause the engine to seize up. At the time, Dirk Coetzee was regarded as a political enemy of the Security Police, since he had started to disclose details of the covert activities of the Security Police in countering the political struggle waged by the liberation movements in the country at the time. It is clear that the incident occurred as a direct result of the political conflict involving the then government and the liberation movements. We are accordingly satisfied that the incident constitutes an act associated with a political objective and that the application complies with all the other requirements of the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from applying a chemical substance to the motor vehicle of Dirk Coetzee during or about 1983.
DESPATCHING A RADIO BOMB TO LUSAKA
This incident happened during or about 1986 when Applicant was attached to the Security Police unit stationed at Vlakplaas. In the course of his duties, Applicant was handed a radio bomb to despatch to a member of the Pan Africanist Congress ("PAC") in Lusaka, Zambia. On the instructions of his commander, Colonel Eugene de Kock, he increased the explosives charge of the bomb to prior to despatching it. The bomb was subsequently discovered in Lusaka and was defused.
Having considered the matter, we are satisfied that the incident resulted directly from the political being waged at the time by the Security Forces, acting on behalf of the then government, against the liberation movements. We are accordingly satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and that the application complies with all of the other requirements of the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from despatching a radio bomb to a PAC member in Lusaka, Zambia during or about 1986.
TRANSPORTATION OF HOME-MADE WEAPONS TO KWAZULU NATAL
This incident occurred during the period when Applicant was stationed at Vlakplaas. In the execution of his duties, Applicant and one of his colleagues transported home-made weapons to KwaZulu Natal. The weapons were handed over to a senior police officer there. It should be pointed out in this regard that Applicant's commander at Vlakplaas, Colonel Eugene de Kock, also applied for amnesty in respect of this incident. The relevant circumstances appear more fully from that application which had been finalised by the Committee.
Having considered the matter, we are satisfied that the incident is directly associated with the then political conflict in the country involving forces supportive of the government of the day and the liberation movements. We are therefore satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act. Amnesty is accordingly hereby GRANTED to the Applicant in respect of all offences directly resulting from the transportation of home-made weapons to KwaZulu Natal during or about the period 1990 - 1992.
TRANSPORTATION OF AK47 ASSAULT RIFLES TO HARRISMITH
This incident likewise occurred during the period when Applicant was stationed at Vlakplaas. In the course of his duties he transported four AK47 assault rifles to Harrismith where the rifles were handed over to a member of the then South African Police. It should be pointed out in this regard that it is clear from the applications of Applicant's colleagues at the time, including his commander, Colonel Eugene de Kock, that AK47 assault rifles (being generally associated with activities of the liberation movements) were utilised as part of the covert operations of the Security Police. We are accordingly satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and amnesty is accordingly hereby GRANTED to the Applicant in respect of all offences directly resulting from the transportation of four AK47 assault rifles to Harrismith during or about the period 1990 - 1992.
VIDEO RECORDING OF THE EFFECT OF "DOCTORED" AMMUNITION
This incident happened during the period when Applicant was stationed at Vlakplaas. In the execution of his duties, Applicant made video recordings of the effect of ammunition which was tampered with. It should be pointed out that the circumstances relating to this type of covert activity were fully set out in the amnesty applications of senior Security Branch members which were considered by the Committee. The objective of these operations was to alter the ballistic characteristics of ammunition in order to cause it to malfunction and cause injury or death to a person attempting to fire the same. Some of this "doctored" ammunition was subsequently supplied to liberation movement operatives. It is clear that Applicant's conduct in recording the effect of this ammunition was a necessary step in the process of perfecting the necessary adjustments required in order to cause the ammunition to malfunction.
In the circumstances we are satisfied that the incident constitutes an act associated with a political objective and amnesty is accordingly hereby GRANTED to the Applicant in respect of all offences directly resulting from the making of video recordings of the effect of "doctored" ammunition during or about the period 1990 - 1992.
SUBMISSION OF FRAUDULENT CLAIMS
These incidents likewise occurred during the period when Applicant was stationed at Vlakplaas. On the orders of his commander, Colonel Eugene de Kock, Applicant participated in submitting a large number of false claims apparently for compensation of Security Police sources. It should be pointed out that the circumstances relating to these activities appear more fully from various applications of colleagues of Applicant at the time, including Colonel Eugene de Kock. It is apparent from the circumstances that the proceeds of these claims were applied in funding the covert activities of the Security Branch unit stationed at Vlakplaas. These covert activities related to the political struggle being waged at the time by the Security Forces, acting on behalf of the government of the day, against liberation movements. There is no indication that the Applicant benefited financially from these activities.
In the circumstances we are satisfied that the incidents constitute acts associated with a political objective as envisaged in the Act and amnesty is accordingly hereby GRANTED to the Applicant in respect of all offences directly resulting from the submission of fraudulent claims for the apparent payment of Security Police sources during or about the period 1990 - 1992.
DESTRUCTION OF DOCUMENTS
This incident also occurred during the period when Applicant was stationed at Vlakplaas. During the course of the activities of the Harms Commission of Inquiry, Applicant participated in the destruction of documents at Vlakplaas by burning the same. The background to the activities of the Harms Commission is common cause. It is also clear from the material placed before the Committee in various amnesty applications, that the Security Police had resolved not to make a full disclosure of their covert role in the political conflict being waged in the country to that Commission. The view of the Security Police at the time was that the government of the day would be endangered should these activities be disclosed. The destruction of incriminating documentation formed part of the process of concealing the said role of the Security Police.
In the circumstances we are satisfied that the incident resulted directly from the then political conflict being waged in the country and that it accordingly constitutes an act associated with a political objective as envisaged by the Act.
Amnesty is accordingly hereby GRANTED to the Applicant in respect of all offences directly resulting from the destruction of documents at Vlakplaas during the term of office of the Harms Commission of Inquiry.
HOT PURSUIT OF OPERATION AT JOZINI
Very scant information is furnished by the Applicant in respect of this incident. All attempts to elicit the requisite further particulars from Applicant has failed. The Applicant accordingly neglected to make a full disclosure in respect of the circumstances relating to this incident. The application accordingly fails to comply with the requirements of the Act and amnesty is REFUSED.
DATED AT CAPE TOWN THIS 31ST DAY OF MAY 2001
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