Truth Commission Special Report
Decision - 59474

Type: AMNESTY DECISIONS
Starting Date: 28 May 2001
Location: CAPE TOWN 
Names: D L SNYMAN
Matter: AM3766/96
Decision: GRANTED/REFUSED
URL: https://sabctrc.saha.org.za/hearing.php?id=59474&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21192.htm
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DECISION

The Applicant applied for amnesty for a number of incidents,   some of which were dealt with at hearings. The remaining incidents do not constitute   any gross violations of human rights and are accordingly dealt with in chambers.    The Applicant was at all material times a member of the Security Branch of the   South African Police attached to the Vlakplaas Unit under the command of Colonel   Eugene de Kock.  The incidents for which amnesty is being applied for will be   dealt with separately.

INCIDENT 1: The supply of SAM7 missiles to Ciskei during   the period 1990 -1991

The Applicant and a colleague, one Vermeulen, who also applies   for amnesty for the present incident, were requested by their Commander Eugene   de Kock to take a number of SAM7 missiles (estimated to have been about 5) from   Vlakplaas to the former Ciskei.  The Applicant is unable to furnish full details   of what the missiles were intended for but he was aware of the fact that at   the time conflict existed between the government of the then Ciskei and Transkei.

The Applicant and Vermeulen also gave instructions to members   of the Ciskeian army in the use of the said missiles.  They each received R2   000 for the training they provided.  Although they received monies for the training   and instruction given by them it cannot be said that the transportation of the   missiles was done for personal gain.  The Committee is therefore of the opinion   that the money received by the Applicant does not preclude the granting of amnesty   in respect of the unlawful act of supplying the missiles to the Ciskei.  This   clearly fell outside the ambit of their duties as policemen, albeit that they   were members of the Security Branch.

INCIDENT 2: Creating arms caches for the Northern Transvaal   Security branch and aiding and abetting the commission of fraud

During or about the same period stated above, the Applicant   and his colleague Vermeulen were requested by De Kock to create an arms cache   (a so-called "dead letter box") in the Northern Transvaal.  The objective   of this was to enable the Commander of the Northern Transvaal Security Branch,   Colonel Roelf Venter, to institute a false claim following the "discover"   of an arms cache.  The money was intended to pay an askari, Joe Mamasela, who   played a major role in the activities of the Security Branch against political   activists.  The Applicant is unable to say whether such a claim was ever instituted   by Venter.  He and Vermeulen did, however, bury the arms consisting of Russian   made pistols and RPG7 missiles.  Two separate caches were created, one near   Cullinan and the other at a spot 5km from Vlakplaas.

INCIDENT 3: Supply of weapons to Inkatha Freedom Party (1990   - 1992), the manufacturing of "pipe bombs", tyre bombs" and the   modification of hand grenades

3.1   The Applicant and his colleague Vermeulen were asked   by De Kock whether they could assist in the manufacture of home-made firearms   referred to as pipe guns.  They approached a certain Derek Rausch to assist   them in the manufacture of these co-called pipe guns, which he duly did.  The   Applicant and Vermeulen tested 6 prototypes at Vlakplaas.  Rausch was once again   approached to make his workshop available and to train the Applicant and Vermeulen   in the use of the equipment for the manufacturing of the pipe guns.  Approximately   100-150 guns were manufactured.  These arms were then handed to Willie Nortje,   Brood van Heerden (also Security Branch members) or to De Kock who thereafter   delivered the arms to various members of the Inkatha Freedom Party ("IFP").    Subsequently another 100-120 guns were manufactured at the request of De Kock.    The manufacture of the arms amounted to between R30.00 and R50.00 per gun, which   amount included the purchase of the material and the use of Rausch's workshop.    Rausch was paid for his assistance.  In his application, which was refused on   account of personal gain, he confirmed that he added a mark-up to the material   purchased and was paid for the use of his workshop.  The monies earned by Rausch   was, however, eventually shared between Rausch, Snyman and Vermeulen.  These   two Applicants are accordingly likewise precluded from receiving amnesty for   these actions, which were committed for personal gain.

3.2   The Applicant and Vermeulen also made a number of   bombs out of tyres by filling it with a variety of explosives.  These were also   handed to De Kock but the Applicant is unable to state how these bombs were   used.  In addition hereto they also assisted in the modification of hand grenades   which were also handed to De Kock and Nortje for distribution.  There is nothing   to indicate that they had received any money in respect of these and the Committee   is satisfied that they are entitled to amnesty in this regard.

INCIDENT 4: Manufacture of "funny rounds" of ammunition

The Applicant and Vermeulen were requested by De Kock to   modify rounds of ammunition and thus render them into so-called "funny   rounds".  The objective was that the "funny rounds" would be   distributed to political activists by police sources who had infiltrated the   ranks of liberation movements who launched attacks on the Security Forces.    The "funny rounds" would then explode in the hands of the persons   who used it.  The Applicant subsequently heard of only one incident where such   "funny rounds" had been used and which had resulted in the destruction   of the weapons used.

INCIDENT 5: Transporting arms from Namibia to South Africa

During 1989 the Applicant assisted in transporting arms   from Namibia to Vlakplaas.  The Applicant understood the reason to have been   to prevent the arms from falling into the hands of SWAPO (the South West Africa   People's Organisation).  He is unable to state whether the weapons were at that   time intended for any particular operation.  He later heard that some of the   arms were later given to Inkatha, the Ciskei government for use by the Ciskeian   army and also to individual members of Vlakplaas.  The Committee is of the opinion   that the transportation of the arms in itself was undertaken in the normal course   of the Applicant's duties and that this incident does not disclose an offence   for which amnesty can be granted.

INCIDENT 6: Establishing a private arms cache

During or about 1990 the Applicant and Vermeulen received   a variety of arms from De Kock.  The arms were buried by them at Applicant's   house situated at Kilner Park, Pretoria, for use by them in the event of a revolution   at the time of the first democratic elections in 1994.  The cache included AK47   rifles, RPD machine guns and R5 machine guns and ammunition as well as a quantity   of explosives.  All of the above was subsequently handed to the investigation   team of the erstwhile Attorney-General of the Transvaal.  The Applicant also   assisted in fraudulently creating the impression that these arms had been stolen   for the arms to be written off.

INCIDENT SEVEN:   Destruction of arms at Paardenfontein

At the time when the so-called C-Section of the Security   Branch was dissolved the Applicant received an order from Colonel Eugene de   Kock to assist in the destruction of arms at Paardenfontein at or near Pretoria.    This was done to prevent any possible linking of these arms with the covert   operations of members of the Vlakplaas Unit.

After perusal of all the relevant documentation on the file   of the Applicant together with the applications submitted by Vermeulen and De   Kock the Committee is satisfied that the Applicant has complied with all the   formal requirements for amnesty.  The Committee is further satisfied that, with   the exception of incidents three and five above, all the other acts committed   by the Applicant were associated with a political objective as envisaged by   the Act and that the Applicant has made a full disclosure of all the relevant   facts.

Accordingly, amnesty is GRANTED   to the Applicant in respect of all offences and delicts associated with or resulting   from:

1.    the supply of arms to the Ciskeian Defence Force during   or about the period 1990-1991;

2.    the creation of unlawful arms caches at or near Cullinan   and Vlakplaas during or about 1990-1992;

3.    the provision of arms other than pipe guns to the   Inkatha Freedom Party during or about 1989;

4.    the manufacturing of tyre bombs and the modification   of hand grenades during the same period;

5.    the manufacture of "funny rounds" of ammunition   during or about the period 1990-1992.

6.    the establishment of an unlawful arms cache at Applicant's   home situated at Kilner Park, Pretoria during or about 1990.

7.    the unlawful destruction of arms at Paardenfontein   at or near Pretoria at the time of the dissolution of C-Section of the Security   Branch.

Amnesty is REFUSED in respect   of:

1.    the unlawful training of members of the Ciskei Defence   Force in the handling of weapons unlawfully provided to them during or about   the period 1990-1991;

2.    the manufacture and supply of pipe guns to the Inkatha   Freedom Party during or about 1989;

3.    the transportation of firearms from Namibia to Vlakplaas   during or about 1989.

SIGNED AT CAPE TOWN ON THIS THE   28TH DAY OF MAY 2001

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