decisions AMNESTY DECISIONS WIKUS JOHANNES LOOTS,GIDEON JACOBUS VAN ZYL,CHRISTOFFEL JOHANNES SMIT,ISAK JOHANNES MARAIS,WILLIAM CHARLES C. SMITH,DANIEL JOHANNES NIEWENHUIS,PHILIP RUDOLF CRAUSE AC/99/0274 AM 4149/96,AM 4372/97,AM 4386/96,AM 4151/96,AM 5469/97,AM 4395/96,AM 4125/96 GRANTED/REFUSED https://sabctrc.saha.org.za/hearing.php?id=58951&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/1999/ac990274.htm DECISION _____________________ On our about 4 May 1983 Philip Rudolf Crause, a Branch Commander of the Security Police in Zeerust was informed by one Moatshe, a Botswana citizen that he would be transporting two (2) armed MK. operatives who were coming to wage the struggle against the National Party led government, through the Derdepoort border post into the country. He informed him that he would be dropping off the operatives next to a certain mine on the Republic of South Africa side of the border and then return to Botswana. Crause advised amongst others Wikus Johannes Loots a Regional Commander of the Western Transvaal and General Johannes Albertus Steyn. Steyn was the overall Commander of the area and both Loots and Crause were under his command. Furthermore, they expressed their grave concern that as the operatives were armed, on being stopped at a road block they would in all probability open fire at the policemen and the police would then have to return fire and shoot at the operatives. Of particular concern herein was the fact that there was a greater risk of the police firing at each other in the process of returning fire from the operative due to lack of appropriate cover. All these serious concerns were expressed to Loots on the ground. When Loots was questioned why he had given instructions to his officers to shoot Moatshe as well, he stated that he had included Moatshe because he had been suspected of being an ANC courier. Whilst there is no doubt that the applicant save for General Steyn and Brigadier Loots were acting under instructions of Loots when they killed the two operatives and Mr Moatshe, we have difficulties in accepting the reasons advance by Loots for killing Moatshe. Loots has relied upon the fact that the decision to kill the two operatives was taken because as a commander had had implied authority to take whatever decision that would advance the objective that was sought to be achieved by his appointment as such by Steyn. Having considered all the evidence before us we are satisfied that Loots took the decision to eliminate the two operatives bona fide with the objective of countering or otherwise resisting the ANC struggle that the operatives were allegedly coming into the country to wage against the state. We however are not satisfied that the decision to kill Moatshe was taken bona fide with the objective of countering or otherwise resisting the struggle waged by the ANC on the state for the following reasons: Moatshe volunteered the information to the Security Police that he would be transporting the armed operatives across the border. He gave them very detailed information in this regard, inter alia the number of the operatives he would be transporting, that they would be armed and the approximate time of when he would be transporting them. He gave them details about where he was to drop them off inside the country. This imparting of information does not accord with a person who is acting against the state and assisting the ANC or its military wing the MK. On the contrary the presumption that Moatshe was by this information assisting the police becomes inescapable and the probabilities are that he acted as an informant. Loots has contended that Moatshe was not a police informer whilst Venter in his amnesty application No. 2774/96 gave evidence that Moatshe was a police informer. When Loots was questioned why Moatshe specifically asked for a member of his Unit, Crause when he first came to the border to give this information if he was not a police informant who regularly passed In the premises amnesty is GRANTED to the undermentioned applicants acting on the instructions of their commander, Loots, to kill Moatshe and the two operatives: GIDEON JACOBUS VAN ZYL JOHANNES ALBERTUS STEYN CHRISTOFFEL JOHANNES SMIT ISAK JOHANNES MARAIS WILLIAM CHARLES C. SMITH DANIEL JOHANNES NIEWENHUIS PHILIP RUDOLF CRAUSE for the killing of the two operatives Solomon Mlonzi (Code name - Krushev), Schoeman Ramokgoba (Code name - Marx) and Moatshe a Botswana citizen at Silent Valley near Derdepoort on or about 4 May 1983 and any other related offences connected therewith. Amnesty is GRANTED to Loots for the killing of two operatives namely, Solomon Mlonzi (Code name - Krushev) and Schoeman Ramokgoba (Code name - Marx) at Silent Valley near Derdepoort gate on or about 4 May 1983. Amnesty is GRANTED to General Steyn for being an accessory after the facts in respect of the killing of the two MK operatives namely, Solomon Mlonzi (Code name - Krushev) and Schoeman Ramokgoba (Code name - Marx) and for defeating the ends of justice in respect of the killing of both Krushev and Marx and Mr Moatshe. Amnesty is REFUSED to Loots for the killing of Moatshe at Silent Valley near Derdepoort gate on or about 4 May 1983. This Committee is of the opinion that the next of kin of Moatshe, Solomon Mlonzi and Schoeman Ramokgoba are victims as defined in the act and recommends that they be referred to the Committee on Reparation and Rehabilitation for consideration, in terms of Section 26 of the Act. Signed on the ........... day of ......................... 1999. ____________________ JUDGE S. KHAMPEPE ___________________ ADV. C DE JAGER SC ___________________ ADV I. LAX