Truth Commission Special Report
Decision - 59494

Type: AMNESTY DECISIONS
Names: JOHANES VELDE VAN DER MERWE
Matter: AM4157/96
Decision: GRANTED/REFUSED
URL: https://sabctrc.saha.org.za/hearing.php?id=59494&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21213.htm
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DECISION

This is an application for amnesty in terms of the provisions   of Section 18 of the Promotion of National Unity and Reconciliation Act, No.   34 of 1995 ("the Act").  The Applicant has applied for amnesty in   respect of a number of incidents most of which had already been finalised.    The remaining matters are being dealt with in chambers.  Applicant's personal   circumstances and activities as a member of the then South African Police had   been fully canvassed and dealt with in these proceedings.  The remaining matters   will be dealt with separately.

FACILITATING THE ESCAPE OF DETAINEES   FROM LAWFUL CUSTODY

This incident occurred during or about 1987 when Applicant   was a member of the Security Branch stationed at Bloemfontein and held the rank   of Colonel.  Pursuant to a request from the then government, Applicant took   steps to assist the Basotholand Congress Party ("BCP") in Lesotho   by arranging for two of its members to escape from lawful custody in the police   cells at Fouriesburg in South Africa.  Applicant was also requested to take   steps against the Basotholand National Party ("BNP") of Lesotho who   had lost the general election but refused to relinquish power.

Applicant arranged for a member of the Security Police to   be detained together with the two BCP members in order to obtain their co-operation   under false pretences.  The two BCP members were eventually assisted to escape   from custody and were placed in possession of a vehicle fitted with an explosive   device which they had to drive to Lesotho and park near the premises of the   NBP in Maseru.  The explosive device was fitted with a timing mechanism that   would detonate the explosives after midnight when no-one would be in the immediate   vicinity or at risk of being injured or killed in the resultant explosion.

The plan was duly executed, but the vehicle was eventually   discovered by the Lesotho Police and he explosive device detonated under controlled   circumstances.  No deaths or injuries resulted from the explosion.

Having considered the matter, we are satisfied that the   incidents are directly associated with the then political conflict and that   Applicant's conduct constitutes acts associated with a political objective as   envisaged in the Act.  In the circumstances amnesty is hereby GRANTED to the   Applicant in respect of all offences or delicts directly resulting from assisting   two members of the BCP to escape from lawful custody at Fouriesburg and attempts   to damage the offices of the BNP in Maseru with an explosive device which all   occurred during or about 1987.

PROVIDING EMPLOYMENT TO TWO MEMBERS   OF THE TRANSKEIAN POLICE

This incident occurred during or about the period 1988 -   1989.  At the time Applicant was the Deputy Commissioner of the South African   Police and was stationed at police headquarters in Pretoria.  Applicant was   approached by the then Security Branch of the South African Police to render   assistance with the employment of two members of the Transkeian Police who had   fled to the Republic of South Africa after having escaped from custody in Transkei.    According to the report submitted to the Applicant, the two Transkeian police   officers caused the death of a certain Mr Zokwe while they were attempting to   effect an arrest of the latter.  The two police officers had acted lawfully   in every respect and were only detained after improper pressure was brought   to bear upon the Transkeian Police by the political authorities there.  Applicant   duly rendered assistance in order to obtain employment for the two Transkeian   police officers in the then South African Defence Force.

Having considered the matter, it is clear that Applicant's   actions in assisting the two Transkeian police officers were in no way unlawful.    The facts accordingly does not disclosure any offence.  In the circumstances   the application does not comply with the requirements of the Act and amnesty   is accordingly REFUSED.

DATED AT CAPE TOWN THIS 31ST DAY   OF MAY 2001

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