DECISION
The Applicant applied for amnesty in respect of 86 incidents. For the sake of convenience the incidents will be listed below as it appeared in his application. At the end of this decision reference would be made to incidents heard by other Amnesty Panels and the decision reference numbers.
The following is extracted from the Applicant's application:
INCIDENT 1
Damage of property and harassment of Ilona Kleinschmidt - February/March 1997.
INCIDENT 2
Damage of property and harassment of Helen Joseph during 1977 to 1989 and damage to the motorcar of Ann Hughes.
INCIDENT 3
Damage of property and harassment of Beyers Naude - 1977 to 1989.
INCIDENT 4
Damage of property and harassment of Shun Chetty during 1977 to 1979.
INCIDENT 5
Intimidation and harassment of Gavin Anderson - March 1977.
INCIDENT 6
Intimidation and harassment of Ilse and Tim Wilson - March 1977 and theft of goods from their home.
INCIDENT 7
Damage to property and harassment of Douws Dekker - March 1977.
INCIDENT 8
Damage to property and harassment of Arthur Chaskalson - June 1977.
INCIDENT 9
Illegal search of house and removal of documents belonging to Diana McLaren - June 1977.
INCIDENT 10
Illegal search of the premises of Bonnie Norton in June 1977.
INCIDENT 11
Malicious damage to property, theft and arson relating to St Mary's Cathedral, Johannesburg from 1977 to 1990.
INCIDENT 12
Illegal search of the premises and removal of documents belonging to June Goodwin and conspiracy to injure her.
INCIDENT 13
The so-called Omega attacks on left-wingers and their property and the casting of blame therefore on right-wing organisations - 1977 up to 1984.
INCIDENT 14
Malicious damage to property and harassment of RJD Robertson - 1979 - 1988.
INCIDENT 15
Malicious damage to property, crimen injuria and harassment of Shanty Naidoo - 1979/1980.
INCIDENT 16
Damage to property and harassment of Roger Lucey 1979 - 1983.
INCIDENT 17
Damage to property of the Industrial Aid Society - 1979, 1980, 1984.
INCIDENT 18
Illegal entry of premises of Julius and Tamara Baker during 1981.
INCIDENT 19
Illegal entry of premises and harassment of Vernon Berrange - 1981.
INCIDENT 20
Conspiracy to injure and harassment of Desmond Tutu and his wife at Jan Smuts Airport during 1979 and later including harassment of Trevor Tutu.
INCIDENT 21
Damage to property, stealing of plants and harassment of Sheila Weinberg, 1977 - 1991.
INCIDENT 22
Intimidation of Antony John Russel at Germiston, January 1980.
INCIDENT 23
Intimidation, illegal entry into premises and harassment of Barend Schuitema and Louise Stack - March 1980 and thereafter.
INCIDENT 24
Harassment of Arthur McGiven, 1980.
INCIDENT 25
The killing of an unknown SWAPO member in Ovamboland, Namibia and the torture of others - May to September 1981.
INCIDENT 26
Illegal entry into the house of the parents of Neil Aggett and perjury in connection therewith - April 1982.
INCIDENT 27
Illegal entry of premises and theft of property of Liz Floyd - June 1982.
INCIDENT 28
Damage to property and harassment of Sammy Adelman - 1982.
INCIDENT 29
Damage to property, intimidation and harassment of Anton Harber - December 1982 and thereafter.
INCIDENT 30
Intimidation and harassment of the Hare Krishna Movement, November 1983 and thereafter.
INCIDENT 31
Damage to property and harassment and intimidation of members of the Church for the Unification of World Spirituality - November 1983.
INCIDENT 32
Damage to property, intimidation and harassment of Caroline Heaton Nichols and Priscilla Jana, July 1983 and thereafter.
INCIDENT 33
Damage to property at the Communes at Crown Mines, Langlaagte Deep and harassment of left-wingers on instructions of Cronwright, 1984, 1985.
INCIDENT 34
Damage of property and harassment of members of the End Conscription Campaign - 1984 and thereafter.
INCIDENT 35
Illegal entry of premises and removal of tapes, January 1985 at the house of Gwendolyn Carter.
INCIDENT 36
Damage to property and intimidation of members of the Conscientious Objection Support Group - 1985 and thereafter.
INCIDENT 37
Harassment of Neil Mitchell - March 1986.
INCIDENT 38
Harassment and intimidation of Johnny Campbell - March to April 1985.
INCIDENT 39
Implicating Frank Chikane and Gavin Evans - September 1985.
INCIDENT 40
Offences relating to the establishment of Pan-African News Agency - October 1985.
INCIDENT 41
Damage to property and intimidation of Mohamed Dangor - November 1985.
INCIDENT 42
Harassment of Chris Ball and Winnie Mandela - December 1985/January 1986.
INCIDENT 43
Damage to property and theft belonging to the S.A.C.C., the UDF, and the Release Mandela Campaign during states of emergency - January 1986 and thereafter.
INCIDENT 44
Dissemination of Stratcom material 1984 - 1991.
INCIDENT 45
Illegal entry into premises of Marion Sparg - March 1986.
INCIDENT 46
Assaults on Steven Marais and Rocky Williams and perjury in connection therewith - April 1986.
INCIDENT 47
Assault and harassment of JF Bill in June 1986.
INCIDENT 48
Harassment of Denise Lenton in June 1986.
INCIDENT 49
Blackmailing of Rene Hirschman in July 1986.
INCIDENT 50
Burglary at Portland Place in August 1986.
INCIDENT 51
Attempted blackmail of Sol Satepe in September 1986.
INCIDENT 52
Attempts to recruit collaborators in October 1986 and thereafter.
INCIDENT 53
Interference with the right to privacy and harassment of Allan Boesak and D Scott in 1985.
INCIDENT 54
Illegal entrance of premises owned by St Peters Priory - 1985 and thereafter, and Theft (for personal gain).
INCIDENT 55
Illegal entry into communes at 35 and 38 Olivia Road and intimidation and harassment of occupants in 1984 - 1985 and theft (for personal gain).
INCIDENT 56
Illegal search of premises of Baharshagian and intimidation while investigating Satanism in 1985, 1986.
INCIDENT 57
Intimidation and harassment of the Coleman family in 1980 and thereafter.
INCIDENT 58
Assault and harassment of Jay Naidoo and Mike Roussos in 1988.
INCIDENT 59
Damage to property, destroying petition lists, and intimidating UDF members to sabotage the million signature campaign in 1986.
INCIDENT 60
Damaging the property of the Central Methodist Church in 1987.
INCIDENT 61
Blackmailing Bonganyalo Goba in 1986.
INCIDENT 62
Theft and fraud related to State money in 1984 onwards.
INCIDENT 63
Postal and telephonic interceptions in 1977 - 1993.
INCIDENT 64
Damage to property of "Free the Children Association" in March 1987.
INCIDENT 65
Damage to property and intimidation of Dawn Ingle.
INCIDENT 66
Illegal entry into premises of Frank Chikane in 1988.
INCIDENT 67
Assault on Madhav in 1988.
INCIDENT 68
The Goodman Mogami incident in 1988.
INCIDENT 69
Illegal entrance and search of Khotso House, July 1988.
MIP - Vehicles in basement.
INCIDENT 70
Damage to property at Cosatu House in August 1988.
Theft and perjury.
INCIDENT 71
The search of Cosatu House, 1988.
INCIDENT 72
Conspiracy to damage Portland Place in November 1988.
INCIDENT 73
Damage of property and defrauding Kingston Erston in 1988.
INCIDENT 74
Damage of property, arson and burning of property of Alexander Health Clinic and Cathy Satchwell.
INCIDENT 75
Spreading false rumours about Dirk Coetzee in 1989.
INCIDENT 76
Publication of "The Massive" 1989/1980.
INCIDENT 77
Organising of a luncheon for Slovo, ANC, SACP and COSATU members with the Mine Workers Union - 1990.
INCIDENT 78
Forging Dave Dalling's signature in September 1990.
INCIDENT 79
Verbal attack on Chris Hani through Radio 702 - October 1990.
INCIDENT 80
Discrediting Peter Mokaba - 1990/1991.
INCIDENT 81
Discrediting Richard Goldstone in November 1990/1991.
INCIDENT 82
Discrediting President Nelson Mandela and Winnie Mandela.
INCIDENT 83
Conspiracy to mislead and influence John Robbie - 1990/1991.
INCIDENT 84
Discrediting the ANC through false information in 1989 - 1991.
INCIDENT 85
Conspiracy to form a new political party in 1991.
INCIDENT 86
The fraud committed in handing in an AK47 - August 1991 to January 1992 of Col GHB Bruwer - 1993.
DEALING WITH THE INCIDENTS
Incidents 3, 5, 15, 26 and 27 were dealt with at a hearing by another Amnesty Committee Panel and the decision was handed down as AC/2001/005. Applicant was also granted amnesty in AC/1999/242 in respect of his involvement in the Khotso House incident.
Many of the incidents mentioned by the Applicant were of the same nature. The same pattern was followed. He was a member of the South African Police, attached to the Witwatersrand Security Branch and was a field operative attached to the White Desk. His functions included the monitoring, harassment and intimidation of persons and institutions believed to be actively opposed to the government.
The Panel of the Amnesty Committee sitting at JISS Centre, Johannesburg from 27 November 2000 onwards was asked to deal with incidents 2, 19, 67, 68 and 74 and the decision was handed down as AC/2001/230.
The other incidents referred to herein were considered to be chamber matters which could be disposed of without a hearing in terms of Section 19 of Act 34 of 1995.
This Committee will now deal with the remaining incidents after considering the evidence and information supplied by the Applicant and any further information gathered by investigators of the TRC, and evidence given at hearings of the Human Rights Violations Committee of the TRC.
These acts were committed while the Applicant was acting in his capacity as a policeman under either the specific or general orders given by his superior officers. He, at the time, believed he was tormenting enemies of the State and that in so doing was promoting the interests of the State. In incidents where we are not satisfied that this was the position, the Committee will state its viewpoint and the reasons therefore.
Amnesty is GRANTED to the Applicant in respect of offences and delicts mentioned and directly linked with the following incidents mentioned above.
Amnesty is GRANTED in respect of the following incidents (as qualified in respect of incidents 21, 54 and 55):
1, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 20, 21, 22, 23, 24, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 60, 61, 64, 65, 66, 69, 70, 72, 73, 78, 84.
Amnesty is REFUSED in respect of the following incidents:
1. INCIDENT 21 - in respect of the stealing of plants because that involved personal gain;
2. INCIDENT 25 - because it does not relate to "our struggle of the past" as contemplated in Act 34 of 1995;
3. INCIDENT 44 - because it was not an offence or delict in terms of the then prevailing law;
4. INCIDENT 52 - no offence or delict;
5. INCIDENT 54 - in respect of theft that was for personal gain;
6. INCIDENT 55 - in respect of theft that was for personal gain;
7. INCIDENT 62 - because it was for personal gain;
8. INCIDENT 63 - because it was authorised by legislation;
9. INCIDENT 71 - no offence or delict;
10. INCIDENT 76 - no offence or delict;
11. INCIDENTS - 75, 77, 79, 80, 81, 82, 83, 85 because it is neither an offence or delict;
12. INCIDENT 86 - for personal gain.
SIGNED AT CAPE TOWN ON THIS THE 31ST DAY OF MAY 2001
JUDGE DENZIL POTGIETER
ACTING-JUDGE C DE JAGER
ADV S SIGODI
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