AC/2001/263

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.

GERT CORNELIUS HUGO APPLICANT

(AM3833/96)

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 matter is being dealt with in chambers. At all material times, Applicant was a member of the then South African Defence Force, holding the rank of Major and stationed at Eastern Province Command in Port Elizabeth. Early during 1986, Applicant was ordered by his superior officers to participate in a joint operation by members of the Defence Force and the Police, named Operation Orpheus. The objective of the operation was to disrupt the activities of the anti-government forces in the Eastern Cape townships during the state of emergency that applied there and was subsequently extended to the rest of the country during or about the middle of 1986. The modus operandi of the participants in the operation was to disguise themselves and travel into the townships where targets were apprehended and removed for interrogation in regard to the political activities of the anti-government forces. Applicant never participated in any of the operations. His sole role was to furnish logistical support to the teams actually involved in the operation. Applicant accordingly has no knowledge of any specific incidents resulting from the operation. He does, however, indicate that the purpose was never to kill anyone. The operation eventually terminated at the end of 1987.

Having considered the matter, we are satisfied that Applicant's conduct constitutes an act associated with a political objective as envisaged in the Act. We are, moreover, satisfied that the application complies with all of the other requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from his role, as specified above, in supplying logistical support for the purposes of Operation Orpheus in the Eastern Cape during or about the period 1986 - 1987.

DATED AT CAPE TOWN THIS DAY OF 2001.

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