DECISION
The two applicants in this matter, Leo Hendrik Froneman (born 19-6-1974) and Pieter Johannes Harmse (born 20-2-1952) are seeking amnesty in respect of various crimes committed during the course of the attempted bombing of an Indian Shopping complex in Bronkhorstspruit.
Froneman was convicted in the Regional Court, Pretoria, of culpable homicide for which he was sentenced to seven years' of imprisonment of which two were suspended; contravening Section 32(1)(c) of Act 75 of 1969 (unlawful possession of explosives) for which he was sentenced to five years' imprisonment which was to run concurrently with the first sentence and malicious damage to property for which he was sentenced to five years' imprisonment of which two years were to run concurrently with the first sentence. The sentences were imposed on 25 April 1994 and amounted to an effective eight years' imprisonment.
Harmse was convicted in the Supreme Court, Pretoria, of murder for which he was sentenced to fifteen years'; of attempted murder for which he was sentenced to eight years' imprisonment; of the unlawful possession of explosives for which he received six years' and malicious damage to property for which he received six years.
The second and fourth sentences were to run concurrently with the first sentence as were three years of the third sentence, resulting in an effective sentence of eighteen years. This sentence was imposed on 8 May 1996.
The first count in both cases was one of murder; both applicants pleaded guilty to culpable homicide at their trials. They both pleaded guilty to the charges relating to explosives and to malicious damage to property. The plea tendered by Harmse was not accepted, then he pleaded guilty to the charge of murder.
The applicants were both members of the Boere Weerstandsbeweging (BWB) at the time of the commission of the offences on 17 September 1993. Froneman, who was aged 19 at the time, was an ordinary member but Harmse was a Commandant. They both put up explanatory statements which they subsequently confirmed in the evidence they gave before us. Harmse testified that he had joined the SADF at the age of seventeen; at that time the ANC/SACP were regarded as terrorists who were waging a revolutionary war against the government. This he accepted. In 1990 he started attending BWB meetings. He understood their aims to be a Volkstaat for the Boerevolk and that they would fight for God, the nation and the fatherland to resist people who did not want to allow them their own State. A document was handed in setting out the policies and principles of the party. He joined the party and met many of its leaders including the Combat General, Mr Vaughn Bands. He became a Commandant in the BWB and also joined its military wing, the Boere Republikeinse Leër (BRL) where he held the same rank. The party was opposed to the policies of the National Party and in particular to its negotiations at CODESA with liberation movements. One of their objections was to the proposal that all religions should be equal. It was felt that there were Muslims of high rank in the ANC and that this meant their religion would be under threat.
In 1993, a meeting of the BWB was held at Cullinan where he lived. A video was made at this meeting stating that the BWB would declare war against the government because they wanted to hand the country over to the ANC/SACP alliance. Other meetings were held, including one of the BRL officers, where instructions were given that members had to create chaos in their own areas. They had also been told to collect explosives which he had done. He trained other members of the BRL in the use of explosives. He knew Froneman and chose him to be his cell member and trained him in the use of explosives. In September 1993 he received a telephone call from the BRL informing him the war had started. He had been told at meetings to expect such a message. He instructed Froneman to choose a target that would involve Muslims and as a result the Indian Shopping Centre at Bronkhorstspruit was selected.
They set about preparing the bomb and at 3am the next morning, they set off to plant the bomb. Froneman held the bomb on his lap whilst they drove to the Centre. On arrival they placed the bomb at the entrance and armed it; thereafter, it could be set off by movement. It was his intention, if the bomb went off, to notify the media that it had been set by the BWB.
Later that morning, he accompanied Mr Bands to a meeting of the BWB where he was made a General and given a pair of wings to hand to Froneman which he did the next day. The handing over of wings in this way, implied that Froneman had become a full member of the BRL. He explained that the bomb had been planted on behalf of the BWB to show that the government could not simply hand over the country. He had not realised that an innocent person might be killed or injured by the explosion. On the way to Rustenberg they heard on the radio that a police officer had been killed by the explosion. This had not been intended.
Froneman gave evidence that he came from a conservative environment and in 1991 joined the Afrikaner Weerstandsbeweging (AWB). As a member he underwent military training. This was because the AWB believed the government was in the process of handing over the country to the ANC/SACP alliance and the AWB was preparing to oppose this. He became a member of the Iron Guard of the party. In 1991 he attended a party rally at Kempton Park where Mr Terreblanche, the leader of the AWB said they were committed to war to prevent the country being handed over. He later became friends with Harmse's daughter and went to meetings of the BWB. he explained that the BWB was for the Boers, not only the Afrikaners and that mr Vaughn Bands and Mr Andrew Ford, their leader, were Englishmen. They had to be people dedicated to a Volkstaat. In May 1993 he also joined the BWB.
His evidence confirmed that of Harmse's as to the policies of the BWB and their commitment to the use of force should it become necessary. He also felt strongly about a threat to their religion as religious instruction had already been stopped at his school. He took part in protests against the CODESA negotiations organised by the BWB. Whilst at Harmse's house he was told of the instructions he had just received and the proposed Trade Centre as a target. When they left the next morning, he held the bomb, which was in a 25 litre plastic container, on his lap because it was highly unstable. He had prepared the electric components for the bomb and he helped to arm the bomb after it had been put on the verandah of the Trade Centre. On the next day he was presented with the wings and then he became a full member of the BRL. He also said he acted on behalf of the BWB.
It appears that both the Trial Judge and the Regional magistrate who convicted the two applicants, regarded the incident as political. Froneman, under cross-examination explained that he had selected the target because he believed the majority of Indians were Muslims and ANC supporters. By attacking this target, they would show the government and others that the BWB was intent on taking their country back by force if necessary. In doing what he did, he was carrying out the orders given to him through Harmse.
We are satisfied on the evidence we have heard and on the other information before us, that the applicants did what they did in the belief that they were acting on instructions given to them by the BWB, a publicly known organisation, and that the act was done in furtherance of the policies of that organisation. It was thus an act associated with a political objective as defined in Section 20(3) of the Promotion of National Unity and Reconciliation Act and was an act committed by a person falling under the provisions of Section 20(2)(a) and (d) of the Act. Having regard to the political climate at the time and the means used by political organisations or liberation movements to achieve their objectives, we are satisfied that the applicants have met the requirements of the Act. They are accordingly
GRANTED AMNESTY: in respect of all the offences of which they were convicted set out above.
SIGNED AT PIETERMARITZBURG ON THE 30th DAY OF JULY 1997.
(Signed)
WILSON J
DE JAGER SC
MS S. KHAMPEPE
