AC/2001/153

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT NO. 34 OF 1995.

STEPHANUS ADRIAAN OOSTHUIZEN APPLICANT

(AM 3760/96)

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DECISION

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The Applicant has previously applied for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 (the "Act") in respect of a number of incidents which were dealt with at public hearings of the Committee where the Applicant duly testified. His personal background and the relevant circumstances concerning his actions are fully set out in his testimony in respect of the matters previously dealt with.

It suffices for present purposes to indicate that the Applicant was at all material times a member of the detective branch of the South African Police who had on a number of occasions during the period 1982 - 1991 co-operated, in his official capacity, with the then Northern Transvaal Security Branch. The incidents dealt with in this decision occurred during operations in which the Applicant so co-operated with the said branch of the Security Police. The present decisions are dealt with in chambers and are decided on the basis of the Applicant's written amnesty application as well as his testimony at previous hearings. The incidents in question will be dealt with separately.

ARREST OF UNKNOWN ACTIVIST IN KWANDEBELE

This incident occurred during or about 1986 when Applicant was attached to the detective branch. On the occasion in question, Applicant was approached by a colleague, Captain Hechter, who was attached to the Northern Transvaal security police. Hechter enlisted Applicant's assistance in apprehending an activist for interrogation. The plan was that members of the police would await the arrival of the vehicle of a colleague, Joe Mamasela, in a remote area where they had to apprehend the activist who would be in the company of Mamasela. In execution of the plan, Applicant accompanied Hechter and possibly some other of his colleagues (although Applicant's recollection in this regard is defective) to a remote area on the Pretoria/Siyabuswa Road in Kwandebele. The incident occurred late at night. After a while Mamasela's vehicle arrived on the scene and the members of the police apprehended the person in question who was an occupant of the vehicle. The person was violently subdued and handcuffed or somehow tied up. Applicant cannot recall whether the person was then transported to Pretoria by Mamasela or in their vehicle. Applicant was under the impression that the person was an African National Congress ("ANC") activist who would be interrogated to extract necessary information from him. Applicant had no further contact with the person subsequent to the incident.

Having considered the matter, it is clear that Applicant acted in the course and scope of his official duties with the objective of facilitating the interrogation of the suspected activist. The act of apprehending the activist clearly did no t amount to a lawful arrest. In the circumstances we are satisfied that the application complies with all of the requirements of the Act and amnesty is accordingly hereby GRANTED to the Applicant in respect of all delicts and offences arising from the unlawful arrest of a suspected ANC activist at or near the Pretoria/Siyabuswa Road, Kwandebele during or about 1986.

INTERROGATION OF AN ACTIVIST

This incident occurred during or about 1986. The circumstances briefly were that the Applicant was approached by Captain Hechter, with the request to accompany him to a farm situated along the Pietersburg freeway in order to interrogate an activist. Applicant's recollection of the details of the incident is sketchy. In the course of the interrogation of the activist, he was assaulted and suffocated in an attempt to extract information from him. Applicant participated in the assaults upon the person. According to the information, the person was an ANC activist who was involved in a program to render the country ungovernable. It was accordingly necessary to extract information from the person.

Having considered the matter, we are satisfied that the incident is directly associated with the political conflict at the time involving the then government, which was supported by the security forces and the liberation movements. Applicant clearly acted in the course and scope of his official duties. We are accordingly satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all delicts and offences arising from the interrogation and assault of a suspected ANC activist on a farm at or near the Pietersburg freeway during or about 1986.

BOMB ATTACK ON A HOUSE AT KWANDEBELE

This incident occurred during or about 1986. The relevant circumstances were that Applicant was approached by Captain Hechter to assist with attacking a house at Kwandebele with explosives. Applicant drove the vehicle transporting the members of the Police who were involved in the operation on the night of the incident. Applicant was ordered to drive to a residential area close to the Denilton police offices where he had to stop. Captain Hechter and the other members of the police involved in the incident alighted from the vehicle and walked away into the night. Applicant subsequently heard a window pane breaking followed by a loud explosion. His colleagues ran back to the vehicle and they departed from the scene. According to the available information the targets of the attack were political activists who were opposed to the then government. Applicant received no further feedback concerning the incident. There is no indication that any persons were killed or injured in the incident. There is no indication that any persons were killed or injured in the incident but Applicant accepts that damage was caused to the house.

Having considered the matter, we are satisfied that the incident arose from the then political conflict and therefore constitutes an act associated with a political objective as envisaged in the Act. Applicant was clearly acting in the course and scope of his official duties at the time. We are accordingly satisfied that the Applicant also complies with all the requirements of the Act and amnesty is accordingly hereby GRANTED to the Applicant in respect of all delicts and offences arising from the attack on a house in Kwandebele with explosives during or about 1986 including arson and malicious injury to property.

DATED AT CAPE TOWN THIS DAY OF 1999.

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