Truth Commission Special Report
Decision - 59458

Type: AMNESTY DECISIONS
Starting Date: 17 May 2001
Location: CAPE TOWN 
Names: JACOB JAN HENDRICK VAN JAARSVELD
Matter: AM3761/96
Decision: GRANTED/REFUSED
URL: https://sabctrc.saha.org.za/hearing.php?id=59458&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21176.htm
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DECISION

The Applicant applied for amnesty in respect of a number   of incidents which had been dealt with at public hearings where his background   and personal circumstances were fully canvassed.  The remaining incidents in   respect whereof amnesty is being sought are dealt with in chambers and wil be   set out separately in this decision.

At all material times, Applicant was a Lieutenant in the   Intelligence Division of the Security Police stationed at Security Headquarters   in Pretoria.  In the course and scope of his employment and in the execution   of orders received from his superiors, Applicant participated in the incidents   set out below.

INVESTIGATIONS CONCERNING MATTHEW   GONIWE (INCIDENT 1)

Applicant testified about his incident as a witness at the   amnesty application into what has become known as the Cradock 4 incident.  His   testimony basically coincided with the contents of his written amnesty application   dealing with this incident.  The relevant circumstances were that Applicant   was approached during 1984 by his superior Major Craig Williamson and ordered   to investigate the possibility to eliminate Mr Matthew Goniwe in Cradock.  In   execution of this order Applicant proceeded to the Eastern Cape and eventually   visited Cradock on 21 March 1984.  With the assistance of members of the local   Security Police in Cradock, he visited the home of Mr Goniwe on some other pretext   but in reality to see how Mr Goniwe could be killed and specifically whether   this would be possible in his house.  After the visit, Applicant eventually   returned to Pretoria and reported back to Major Williamson.  Applicant's recommendation   was that Mr Goniwe could not be eliminated at his home, due to the fact that   there were too many people present in the immediate vicinity.  He recommended   that Mr Goniwe should be followed and should be eliminated along the road or   at some place other than his home.  In Applicant's view, Major Williamson received   his orders from their superiors within the Security Branch.

Having considered the matter, we are satisfied that Applicant   acted in execution of the orders of his superior officer and within the course   and scope of his employment. It is, moreover, clear that the investigation was   directly associated with the political conflict involving the then government   and the liberation movements of which Mr Goniwe was a prominent member.  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. 23 of 1995 and amnesty is accordingly GRANTED to the Applicant in respect   of all offences arising from the investigations referred to above, including   conspiracy to murder.

INVESTIGATION INTO LANDMINE EXPLOSION   (INCIDENT 2)

This incident occurred during or about 1986 or 1987.  Applicant   was telephoned by a member of the Bophutatswana police and informed that a landmine   explosion had occurred and that Applicant's assistance was needed in regard   thereto.  Applicant and a colleague proceeded to the scene of the explosion   where they conducted an investigation which disclosed that it was a limpet mine   and not a landmine that had exploded.  After the completion of their investigation   on the scene, they returned to their office and filed a report.  Applicant was   subsequently chastised by his commander for having visited the scene of the   explosion and disclosing that the explosion was actually caused by a limpet   mine.  Applicant heard nothing further in regard to the report, but later learnt   that the victim of the explosion was a person who was in the custody of the   police and whose body was disposed of by means of the explosion.

Having considered the matter, it is clear that the application   discloses no offence in regard to this incident.  In the circumstances the application   is REFUSED.

DATED AT CAPE TOWN ON THIS 17TH   DAY OF MAY 2001

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