decisions AMNESTY DECISIONS JOHANNES AFRIKA HLAPO AC/99/0298 AM 6368/87 GRANTED https://sabctrc.saha.org.za/hearing.php?id=58973&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/1999/ac990298.htm 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 application relates to various incidents which occurred during August 1980 in the vicinity of Nyanga East and the Crossroad informal settlement in Cape Town. Pursuant to these incidents Applicant was charged in the Cape Provincial Division of the then Supreme Court and convicted of the following offences: 1. Terrorism committed during or about the period 8 - 12 August 1990; 2. The murder of Henry George Beeton on 11 August 1980; 3. The murder of Frederick Casper Jansen on 11 August 1980. Applicant was sentenced to an effective 20 years imprisonment which he served in the Robben Island prison. He was released from prison on 24 May 1991. The Applicant testified and submitted various extracts from the relevant Court record of his criminal trial, in support of the application. The next-of-kin of both the deceased attended the hearing but indicated that they are not opposing the application. According to the evidence, the Black townships in the Cape Peninsula were experiencing widespread political turmoil at the relevant time. There were boycotts of buses, schools and of some businesses in these townships. The first charge of terrorism related to the Applicant's participation in this situation of political strife and conflict which was described as follows in the judgment of the Trial Court : "It embraces a large number of activities said to have taken place during the period 8th to 12th August 1980. Included are the stoning and petrol bombing of some 31 vehicles, the assaulting of various persons, the barricading of Klipfontein Road, the marching in groups along various public roads, effecting the closure of black schools, and the congregating at the Assembly of God Church and the Roman Catholic Church in order to encourage each other and various other persons to commit the aforegoing." The 11th August was marked, particularly in the Cape Peninsula, to commemorate the deaths of certain political activists who had died during earlier political uprisings in 1976. The 11th August 1980 was to be no exception. Earlier during the day, information was received at the Nyanga East bus terminus of an attack upon an elderly black lady at Nyanga railway station by a young white policeman. This incensed the people, mostly youths, who had gathered at the bus terminus from where they had to proceed to the venue for the commemoration service. Applicant was present in this crowd and took a leading role in identifying the Assemblies of God Church in the immediate vicinity as an appropriate venue for the commemoration service. The group thereafter proceeded to the church where the minister was initially reluctant to allow the service to be held at the church. Applicant eventually persuaded him to allow the commemoration service to continue in the church. Applicant and various other speakers addressed the gathering. Subsequent to the service a decision was taken outside of the church hall to attack government motor vehicles as well as any white people whom the crowd may come across. The crowd, which Applicant estimated to have been in excess of 2000, proceeded to certain barricades which had been erected in Klipfontein Road. These barricades prevented entry into Crossroads. After a while a motor vehicle driven by Mr Beeton approached the barricades and eventually came to a halt close to the barricades. Applicant and the other members of the crowd started stoning the vehicle. Extensive damage was caused to the vehicle and the driver, the late Mr Beeton, seriously injured. Members of the crowd pulled Mr Beeton out of the vehicle and continued stoning him as he was lying on the road. The body was eventually left lying on the road. Applicant indicated that in the turbulent political mood that prevailed at the time, white people were regarded as the political enemy and were generally accepted as targets for attack by political activists. The attack upon the deceased was not planned but as Applicant indicated, they were only "ordinary white men caught in the crossfire at the time". In the circumstances amnesty is hereby GRANTED to Applicant in respect of the following offences more fully set out above : 1. Terrorism committed during the period 8 - 12 August 1980 at or near Nyanga East and Crossroads, Cape Town; 2. Murder of Henry George Beeton on 11 August 1980 in Klipfontein Road, near Crossroads, Cape Town; 3. Murder of Frederick Casper Jansen on 11 August 1980 in Klipfontein Road, near Crossroads, Cape Town. In our opinion the next-of-kin of both deceased are victims in relation to the murders and they are accordingly referred for consideration in terms of the provisions of Section 22 of the Act. DATED at CAPE TOWN this ______ day of __________ 1999. ________________________ Judge DENZIL POTGIETER ________________________ Adv. F. BOSMAN ________________________ Adv. S. SIGODI PANEL Potgieter, J.; Adv. F. Bosman, Adv. S. Sigodi EVIDENCE LEADER Ms R. Patel DATE & VENUE 19 October 1999 106 Adderley Street CAPE TOWN LEGAL REP. FOR APPLICANT Mr Crossley Crossley & Dykman Inc. 7th Floor, Groote Kerk Building 39 Adderley Street CAPE TOWN Tel.: 4654546 Fax : 4610800 VICTIMS Mr Henry George Beeton (deceased) n.o.k. : Mrs Doreen Beeton (wife) 17 Mallard Street Els Park GERMISTON Tel. (011) 916-1194 Mr Jeff Beeton (son) Tel. 0832589800 Mr Frederick Casper Jansen n.o.k. : Mrs Jansen (wife) 607 Elm Court Rooikrans Road THORNTON Tel.: 542721 Audrey Hopkins (daughter) Beryl Gorton (daughter)