Truth Commission Special Report
Decision - 59452

Type: AMNESTY DECISIONS
Names: FREDRIK HENDRIK LOUBSER
Matter: AM4414/96
Decision: GRANTED/REFUSED
URL: https://sabctrc.saha.org.za/hearing.php?id=59452&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21170.htm
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DECISION

The Applicant applied for amnesty in respect of his role   in two incidents which took place during approximately August to December 1986,   in Johannesburg.  In essence there are three acts he applies for.

The Applicant was at all material times a member of the   South African Defence Force, serving at Witwatersrand Command, and he acted   in such capacity.  He says that he acted under orders that he believed were   justified as the persons or organisations against who he acted were engaged   in unlawful anti-government activities.

In the first act the Applicant   participated in an operation to cause damage by starting a fire at a house apparently   used by ANC elements to print and distribute pamphlets, situated somewhere between   Linksfield Clinic and Louis Botha Avenue, in Johannesburg.

In the second act the Applicant participated in an operation   to cause damage to the vehicle and property of a group of actors connected to   the End Conscription Campaign.  The vehicle and property were situated near   Witwatersrand University at the time of the incident.

In the third act the Applicant participated in assaults   on the members of the group whose vehicle and property were damaged.  This took   place after the Applicant and his co-perpetrators had damaged the vehicle and   property and had returned to their vehicle.  The Applicant says in his statement   supplementing his application that he had not received instructions to do this   and had not anticipated this aspect.  This aspect does not therefore fall within   even his notion of what he may have been authorised to do and accordingly amnesty   is REFUSED for this.

We are satisfied that the other   actions of the Applicant fall within the ambit of Section 20(1) of Act 34 of   1995 in that "the act, omission or offence to which the application relates   is an act associated with a political objective committed in the course of the   conflicts of the past in accordance with the provisions of sub-sections (2)   and (3)."

In the result amnesty is GRANTED   in respect of those actions.

SIGNED AT CAPE TOWN THIS       DAY OF             2001

DENZIL POTGIETER A-J

ADV F BOSMAN

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