Truth Commission Special Report
Decision - 59496

Type: AMNESTY DECISIONS
Names: NICOLAAS JACOBUS JANSE VAN RENSBURG
Matter: AM3919/96
Decision: GRANTED
URL: https://sabctrc.saha.org.za/hearing.php?id=59496&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21215.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 applied for amnesty in respect   of a number of incidents, some whereof were finalised at public hearings of   the Committee.  The present matter is being decided in chambers in view of the   fact that it does not concern a gross violation of human rights as defined in   the Act.

Applicant's personal circumstances   and his activities as a member of the Security Branch of the former South African   Police are fully set out and canvassed in the matters which had been finalised   by the Committee.

The incident forming the subject matter of the present application   occurred, to the best of Applicant's recollection, during the late 1970s.  Some   of the co-perpetrators who had also applied for amnesty had indicated that the   incident occurred during or about the period 1977 - December 1979.  We will   deal with the matter on the basis that the latter date is a more accurate indication   of when the incident occurred.  At the time of the incident, Applicant held   the rank of Major in the then South African Police and occupied the position   of branch commander of the Security Police stationed at Ermelo.  At the time   there was a significant increase in the activities of African National Congress   ("ANC") operatives who had infiltrated South Africa from Swaziland.    In response to this situation, Applicant approached his divisional commander   and made representations for action to be taken against the ANC in Swaziland.    Pursuant to this approach, Applicant was ordered to launch a covert operation   in Swaziland in an attempt to discredit the ANC there and to cause the authorities   in Swaziland to expel ANC members from the country.  

The detail of the operation was that an explosive device   would be placed on a railway line at Mpaka, Swaziland under circumstances which   would implicate the ANC in the deed.  The idea was not to cause the device to   detonate.  On the day in question Applicant and a number of his subordinates   executed the operation in Swaziland by placing an explosive device on the railway   line in question.  The device was subsequently discovered by the Swazi Police   who enlisted the assistance of the South African Police in defusing it.  This   request was communicated to Applicant who took the necessary steps to have one   of his officers defuse the device.  No injuries or damage resulted from the   incident.

Having considered the matter, we are satisfied that the   incident was directly associated with the political conflict at the time involving   the then government and the ANC.  The incident accordingly constitutes an act   associated with a political objective as envisaged by the Act and amnesty is   accordingly hereby GRANTED to the Applicant in respect of all offences directly   resulting from the conspiracy entered into in South Africa during or about the   period 1977 - December 1979 to place an explosive device on a railway line at   Mpaka, Swaziland and all acts performed in execution of the conspiracy.

DATED AT CAPE TOWN THIS 31ST DAY   OF MAY 2001

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