decisions AMNESTY DECISIONS CARL CASTELING BOTHA,LEON ANDRE MAREE,WOUTER JACOBUS BASSON,ABRAM VAN ZYL,DANIEL DU TOIT BURGER,PIETER JOHAN VERSTER,EDWARD WEBB,FERDINAND BARNARD AM3633/96,AM3634/96,AM3635/96,AM3636/96,AM3667/96,AM5471/97,AM7304/97,AM7304/97 GRANTED/REFUSED https://sabctrc.saha.org.za/hearing.php?id=59515&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2001/ac21232.htm DECISION The amnesty applications in this matter relate to four separate incidents, namely the explosion at the Early Learning Centre, Athlone, Cape Town, (the ELC) the conspiracy to assassinate Mr Dullah Omar, the conspiracy to assassinate Mr Gavin Evans and the so-called Project Apie. Also at the time of the explosion a meeting of the Cape Youth Organisation (CYO) was being held in another room in the centre. Barnard, in his testimony given at the hearing of this matter, stated that Van Zyl told him that the ELC explosion was intended to kill the people at the meeting and that he, Van Zyl, had attached four kilograms of nails to the mine. R7 000 to cover his expenses. Section 20(1) of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 ("the Act") provides that amnesty shall be granted in respect of an act, omission or offence if the Committee, after considering an application for amnesty is satisfied that the application complies with the requirements of the Act, the applicant has made a full disclosure of all relevant facts and the act, omission or offence to which the application relates is an act associated with a political objective committed in the course of the conflicts of the past in accordance with the provisions of subsections (2) and (3) of Section 20. The first of these requirements has been met in all the applications in that the applications of all the applicants were submitted timeously and in the proper form. Extensive and thorough submissions have been made concerning the other two requirements by the legal representatives of the applicants and the victims. It is evident from the magnitude of the explosion that if any person had been in the hall at the time of the explosion he or she would have been seriously injured or killed. Hardien was paid R18 000 for his involvement in the project and not R30 000 as budgeted. All these factors lead us to the irresistible conclusion that the objective of the operation was to blow up and kill the members of the KTY at the meeting in the hall of the ELC and the evidence of Webb, Verster, Basson, Burger, Van Zyl and Botha to the contrary is rejected as being false. Contradictions on material points of fact exist between the evidence of certain applicants in respect of the conspiracy to murder Omar. We are accordingly of the view that Van Zyl's version regarding the inclusion of Barnard in the Omar project is false and find that Barnard was included to carry out the assassination. The aforementioned examples of untruths, inconsistencies, contradictions and improbabilities contained in the evidence of Webb, Verster, Burger, Basson, Van Zyl, Botha and Maree lead us to the conclusion that they have not been open and frank with the Committee and that they have not told the whole truth. On considering the evidence of Webb, Verster, Burger, Basson, Van Zyl, Botha and Maree given at the hearing of this matter, their statements made in their application for amnesty as well as the evidence given by those in other forums and the previous written statements of those applicants which have been put before us, we are convinced that they have not made a full disclosure of all the relevant facts and also that they have minimised the activities of Region Six and the role that they played in the activities of the CCB. In the result: JUDGE S MILLER MR J B SIBANYONI MR I LAX ?? /... 2 _ /... 33