Truth Commission Special Report
Decision - 59395

Type: AMNESTY DECISIONS
Names: GEORGE FRANCOIS HAMMOND
Matter: AM5452/97
Decision: GRANTED/REFUSED
URL: https://sabctrc.saha.org.za/hearing.php?id=59395&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21113.htm
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DECISION

The Applicant, an explosives expert and former member of   the Security Branch of the South African Police, applied for amnesty for a number   of offences some of which were dealt with at hearings of the Committee.  The   present applications which were dealt with at hearings of the Committee.  The   present applications enumerated below, all concern offences which do not constitute   gross violations of human rights in terms of the Promotion of National Unity   and Reconciliation Act, No 34 of 1995 ("the Act").  These are accordingly   dealt with in chambers.  The aforementioned applications relate to:

1.    The explosion of a limpet mine in the parking area   of the JG Strydom Hospital, Johannesburg on 27 July 1980;

2.    The explosion of a limpet mine at Joubert Park, Johannesburg   on 27 July 1980;

3.    The rigging of a Koran with an explosive device during   or about 1987 and the transportation thereof to the Swaziland border;

4.    Participation in an attack on a home in Waterkloof   at an unidentified address at or near Pretoria during the period 1988/1989.

The Applicant received his instructions in respect of the   first two incidents from Gen Christoffel Smith (who has also applied for amnesty   in respect of these two matters) with the specific proviso that the explosions   should be managed in such a manner that no deaths or injuries would ensue.    There were in fact no injuries or deaths as a result of the explosions.

Although the Applicant states that he cannot furnish the   exact reason for the explosions it is clear from his application that he knew   that it had to be effected in such a way that it would appear to have been caused   by the African National Congress ("ANC").  Gen Smith who gave the   order, in his application states that the explosions were to assist in the infiltration   of police informers into the ranks of the ANC.  It is generally known and mentioned   in other hearings involving members of the Security Branch that this was a well-known   strategy employed by them in given circumstances.  

The Committee accordingly accepts that the offences relating   to these two incidents were offences associated with a political objective in   the course of the political conflict of the past as envisaged by the Act.  The   Committee is further satisfied that the Applicant has complied with all the   formal requirements of the Act and that he has made a full disclosure of all   material facts.

Insofar as the third and fourth incidents are concerned   the Committee is not satisfied that the acts were acts associated with a political   objective as required by the Act.  The Applicant is unable to link the said   acts with any clear political objective as envisaged by the Act.  He merely   states that in the third incident he had acted upon the request of a senior   officer Col Johan Botha of the Bomb Disposal Unit in Mpumalanga.  He had no   knowledge of for what or for whom the device was intended or what had eventually   become of it.  His involvement in the fourth incident, the attack on a house   in Waterkloof resulted from the fact that he "happened" (toevallig   was) to be at Vlakplaas when he was requested by a colleague, Martiens Ras,   to drive his car (Ras's car) and accompany him to the house where several shots   were fired.  His participation in the incident also clearly fell outside his   area of expertise as an explosives expert.

1.    In the premises amnesty is GRANTED to George Francois   Hammond for:

      1.1   Any offences or delicts directly   associated with or flowing from the explosion of a limpet mine in the parking   area of the JG Strydom Hospital in Johannesburg on 27 July 1980; and

      1.2   Any offences of delicts directly   associated or flowing from an explosion of a limpet mine at Joubert Park, Johannesburg   on 27 July 1980.

2.    Amnesty is REFUSED in respect of the rigging of a   Koran with an explosive device during or about 1987 and the attack on a home   in Waterkloof, Pretoria during the period 1988/89.

DATED AT CAPE TOWN THIS 5TH DAY   OF APRIL 2001

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