Truth Commission Special Report
Decision - 59441

Type: AMNESTY DECISIONS
Names: ABRAHAM JOHNNES MOUTON JOUBERT
Matter: AM3799/96
Decision: GRANTED
URL: https://sabctrc.saha.org.za/hearing.php?id=59441&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21159.htm
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DECISION

The Applicant previously applied for amnesty in respect   of a number of incidents which were heard at public hearings of the Committee.    The present matter is being dealt with in chambers.

At all material times Applicant was the commanding officer   of the Special Forces of the then South African Defence Force, which position   he occupied from 1 November 1985 until 1 November 1988.  He held the rank of   Major-General.  For the first two months of his tenure of office as commander   of Special Forces, he worked together with his predecessor, General Liebenberg   who was then the Chief of the Army.  During this period it came to Applicant's   attention that Special Forces had prepared plans to release Charles Sebe from   custody in the then Ciskei.  Applicant had no knowledge about the background   to the planning.  He was subsequently ordered by one of his superiors to execute   the plan.  This was a covert operation executed by a special unit within Special   Forces.  In accordance with the reports made to the Applicant, the operation   was a success and no injuries or damage resulted from the operation.

Having considered the matter, we are satisfied that the   incident is directly related to the political conflict of the past and that   it occurred within the course and scope of Applicant's duties.  In the circumstances   we are satisfied that the application complies with all of the requirements   of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 and   amnesty is accordingly GRANTED to the Applicant in respect of all delicts or   offences arising from the release of Charles Sebe from custody in the Ciskei   during or about 1985 - 1986.

DATED AT CAPE TOWN THIS 9TH DAY   OF MAY 2001

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