Truth Commission Special Report
Decision - 59517

Type: AMNESTY DECISIONS
Names: ANDRIES JOHANNES GERHARDUS ERWEE
Matter: AM4135/96
Decision: GRANTED
URL: https://sabctrc.saha.org.za/hearing.php?id=59517&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21234.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 present matter is being decided in chambers.    The incidents which form the subject matter of the present decision are fully   set out in the amnesty application of one of the Applicant's subordinates which   had already been finalised by the Committee.  Only those aspects relevant to   the present Applicant will be repeated herein.

At all material times, Applicant was the Commander of the   Intelligence Unit, Internal Security of the former South African Police at Pietersburg.    During or about the period 1990 - 1991 some of the members of Applicant's unit   were involved in unlawfully entering the office of the Far North Region of the   African National Congress ("ANC") in Pietersburg.  According to information   at the disposal of the Intelligence Unit, certain illegal activities, including   the assassination of police officers, were being planned in the offices in question.    Applicant's subordinates entered the offices and extracted the necessary information   from the records there.  In Applicant's view, the information extracted was   critical for the purposes of maintaining law and order.

In the light of the said information, it became apparent   that the Pietersburg branch of the Congress of South African Trade Unions ("COSATU")   was a party to the said illegal activities.  Under the circumstances, the same   group of members of the Intelligence Unit, unlawfully gained access to the offices   of COSATU where they removed certain documentation relevant to the said illegal   activities as well as equipment, including a photocopier in order to disrupt   the activities of COSATU.  These items were taken to the offices of the Intelligence   Unit and were subsequently removed and destroyed on Applicant's instructions.

Having considered the matter, we are satisfied that the   incidents are directly associated with the political struggle which was waged   at the time by the then government and its security forces against the liberation   movements including the ANC.  We are accordingly satisfied that the incidents   constitute acts associated with a political objective as envisaged in the Act   and amnesty is accordingly hereby GRANTED     r 

to the Applicant in respect of   all offences directly resulting from the unlawful entry at Pietersburg of the   ANC offices during or about the period 1990 - 1991 and the COSATU offices during   or about 1991, as detailed above.

DATED AT CAPE TOWN THIS    DAY OF                  2001.

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