AC/2001/006

All the applicants apply for amnesty for their various roles in the abduction of Patrick Mahlangu from Mamelodi, his assault at a farm Soutpan and the killing and disposal of his body near Northam. The background to the incident is the following:

The Northern Transvaal Security Branch under the command of the 4th Applicant obtained the assistance of Vlakplaas in their search for MK Operatives who were active in the killing of a number of people, including policemen, and other acts of terror.

The 4th applicant approached Brigadier Cronje who in turn liaised with the 1st applicant who in his turn instructed the 2nd and 3rd applicants to report to the 4th applicant. After discussions, a group of askaris from Vlakplaas under the command of 2nd and 3rd applicants were deployed for normal duties, that being a period of 3 weeks, at a farm Soutpan, somewhere between Pretoria and Warmbaths. The main purpose was to gather information on the activities and whereabouts of these MK Cadres.

One of the actions was the infiltration of a certain activist Patrick Mahlangu who, according to security reports, had been active in the civics, was in contact with the ANC in Botswana and was also responsible for instant training of activists in Mamelodi in the use of weapons and hand grenades.

This information was backed by two informers reporting to the 4th applicant. The 4th applicant ordered the infiltration and 2 and 3 askaris were accordingly instructed by the 2nd applicant, commanding the Vlakplaas unit, to "infiltrate" and win the confidence of Mahlangu in order to obtain information that would have enabled them to prefer charges against him.

These askaris posed as MK cadres from Botswana but were soon questioned by Mahlangu who became suspicious, apparently having had word from Botswana that the MK cadres were not supposed to be there. Upon realising that their cover had been exposed, these askaris forcibly abducted Mahlangu to Soutpan and they assaulted and interrogated him, the 6th applicant joining in the assault and interrogation.

4th applicant maintained that the 7th applicant was the askari who was responsible for the abduction having been told so by the 2nd applicant. He also alleges that he was very upset and confronted the 7th applicant because the abduction rendered the infiltration plan impossible. It is common cause that the 4th applicant was indeed very upset as it emerged that Mahlangu, after having been severely assaulted and questioned, inter alia by 2nd applicant, not only revealed certain information but indicated that he knew the identity of one of the informers. The 4th applicant reasoned that the informer's life and that of his family were in danger.

Furthermore, as the identities of the askaris were also known, which on its own had the potential of putting the whole Vlakplaas operation at risk, he decided that Mahlangu had to be killed. He sought an order from Brigadier Cronje, his divisional commander, and having obtained same, instructed the 2nd and 3rd applicants to have Mahlangu killed and to dispose of his body. 3rd applicant went to Vlakplaas. He approached the 1st applicant who at first refused to supply explosives. 1st applicant stated to the committee that he reasoned that if the Northern Transvaal Security Branch had a corpse on their hands, it was their responsibility to get rid of it. On being approached by the 3rd applicant again, he consented, reckoning it to be in the broader interest of the State and the Security Branch as a whole. The committee accepts that while Mahlangu had not yet been killed at that time, the 1st applicant thought otherwise. The 3rd applicant in cross-examination could say that he had informed the 1st applicant as to the fact that Mahlangu had not yet been killed.

Having earlier scouted the area for a place to dispose of the body, 1st applicant, 5th applicant on the orders of 1st applicant, 2nd and 3rd applicants took Mahlangu in a kombi to a railway line near Northam. Shortly before their arrival at the spot, 2nd applicant proceeded to kill Mahlangu by strangling him at the back of the kombi. After they had stopped, they opened the back of the kombi. Mahlangu fell to the ground. He was making faint noises and 5th applicant killed him by stepping on his throat.

4th applicant drove off and the other three proceeded to blow up the body next to the railway line. The use of explosives on Mahlangu's corpse was intended to give an impression to the public that he had blown himself up because of poor training received from the ANC.

4th applicant returned with the vehicle and the party proceeded from Warmbaths back to Soutpan and Pretoria. 4th applicant reported to Brigadier Cronje and 2nd applicant to 1st applicant.

As a cover-up operation 7th applicant was instructed to infiltrate the family of Mahlangu and to deliver a letter which the deceased had earlier on been forced to write to his family in which an impression was created that he had gone into exile for training and in which he requested clothes. The 7th applicant duly did so, providing the deep cover.

Evidence tendered by family members of Patrick Mahlangu corroborated the version of the 7th applicant that he was only involved in the deep cover operation, and not in the abduction.

4th applicant was a bad witness especially in relation to the alleged role played by the 7th applicant in the abduction. He refused to make any concessions on the role he alleges the 7th applicant played in the abduction, although he could tender no evidence other than his having been informed accordingly by the 2nd applicant and having confronted the 7th applicant on their (the askaris) abduction of Mahlangu, notwithstanding the fact that he could not recall any response thereto by the 7th applicant. The committee accepts the version of the 7th applicant, yet could find no reason why the 4th applicant would deliberately falsely implicate the 7th applicant.

The committee is satisfied that the initial objective was an infiltration with a view to a court directed action. We are further satisfied that the abduction, assault, killing and disposal of the body of Patrick Mahlangu took place within the context of the political conflicts of the past and was an act associated with a political objective. The applicants have made a full disclosure of all material facts relating to the incident. They are accordingly GRANTED amnesty for the abduction, assault, killing and disposal of the body of Patrick Mahlangu and all acts flowing from the said offences.

The committee is further of the opinion that Patrick Mahlangu is a victim as defined in the Act and the names of his next of kin are referred to the Reparation and Rehabilitation Committee for their consideration in terms of Section 22 of the Act.

SIGNED AT CAPE TOWN THIS THE 22ND DAY OF JANUARY 2001.

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