DECISION
The applicants are applying for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995.
The offences in respect of which the applicants are seeking amnesty are the following:
1. murder,
2. sabotage,
3. unlawful possession of explosives and explosive devices,
4. possession of unlicensed weapons,
5. unlawful possession of ammunition and,
6. theft.
The applicants were brought before court but the trial of the case was postponed pending the outcome of their application for amnesty.
At all times relevant to the above application, the applicants were members of the AWB.
PIETER MAGIEL BREYTENBACH: (hereinafter referred to as the first applicant) joined the AWB in or about 1984 but became actively involved in its activities from 1991. Before then he had served in the South African army where he says he was taught that the ANC/SACP alliance and other black organizations were the enemy of the land and the Government at that time and that they had to be eliminated. After he had left the army and joined the AWB and attended its camps he became convinced that the ANC/SACP alliance would, if it came to power, oppress the "Boerevolk" and possibly obliterate it. He therefore wanted the objectives of the AWB to succeed; he decided that he would have to make a real contribution to the struggle. During 1992 the first applicant attended courses organized by the AWB throughout the country. These courses were addressed by the "Veg-Generaals" (the Fighting Generals) of the AWB and Eugene Terreblanche, its leader, who stressed that the country was on the brink of war and that the members of the AWB should prepare themselves to fight for their fatherland. The courses provided included the handling of fire-arms, camouflage, field formation and the handling of explosives.
DE WET JOHANN STRYDOM: (hereinafter referred to as the second applicant) joined the AWB in 1982, the same year in which he joined the South African Police. From 1983 the second applicant attended insurgency courses in which he and other police officers were taught that the ANC/SACP alliance and other black organizations were preparing a revolutionary war against the country and government and that their objective was to make South Africa ungovernable, their primary targets being the South African Police and other members of the Security Forces. They were trained to do everything within their power to eliminate the enemy who it was said was engaged in a total onslaught against the Republic of South Africa. The security forces, including the applicant, vowed to do everything possible to defeat the enemy.
During 1984 the second applicant was given training in the use of explosives and he took a course as an Explosives - Dog Handler with the SAP. At about the same time two of the second applicant's friends, Sergeant Daantjie Pretorius and Constable Koekemoer, were gruesomely murdered by blacks in Bekkersdal. In 1985 the son of Sergeant Gerber, who was also a friend of the second applicant, was killed by panga wielding attackers in Krugersdorp.
He was sixteen years of age.
These incidents embittered the second applicant and made him resolve to fight against the enemies of the government to the bitter end.
In 1987 the second applicant obtained his discharge from the SAP. During 1992 he attended AWB courses which were held throughout the country and which were addressed by the "Veg-Generaals" and the AWB leader, Eugene Terreblanche. The first applicant also attended these courses at which they were taught how to handle firearms, camouflage, field formation and the handling of explosives. They were further taught that the ANC/SACP alliance, if it came to power, would suppress the "Afrikaner-Boerevolk" and possibly eliminate it. In 1993 the second applicant became actively involved in the military activities of the AWB. He was chosen as a member of one of the "spesmagte" under General Nico Fourie. They were a counter insurgency unit and operated throughout the country. Each of the "spesmagte" had its own members which formed a unit in his region. The second applicant's regional commander was Burger Terblanche. Piet Breytenbach, the first applicant, and Piet Wessels were under his command.
SUMMARY OF THE OFFENCES COMMITTED BY THE APPLICANTS
During 1993 the second applicant was given orders by Chief Commandant Burger Terblanche to conduct training courses on explosives for members of the AWB. He taught the members theoretical as well as practical lessons on the manufacture and detonation of explosives.
Before the general election in 1994 the AWB held various meetings which the applicants attended. The members were instructed to prepare themselves for war. The applicants received instructions from their regional head General Nico Prinsloo, to place bombs at certain places in the Western Transvaal and to detonate them in order to disrupt the national elections. The targets were all non-white schools which were previously used by white children, and other non-white schools as well. Included in the targets indicated were also all ANC/SACP aligned businesses and persons who supported the alliance. The applicants carried out these orders.
On the 28th of February 1994 the applicants placed a bomb at a taxi-rank which was detonated by one Kleinbooi Ramolla who unwittingly cycled over the cord. He was killed by the explosion.
In March 1994 the applicants placed explosives and detonated them at Kazee's Cash Store in Sannieshof, allegedly because the owner was an ANC supporter. Bombs were also placed at Doringsbult Primary School in Delareyville and at Momorote Primary School in Ottosdal. These bombs, however, did not explode due to some fault in their mechanism.
A week later the applicants detonated explosives at the SABC TV/FM tower. During April 1994 they detonated explosives at Agriman in Ottosdal because they believed that it was an ANC orientated business. On the 12th of April 1994 the applicants, together with one Piet Wessels, placed explosives at Sannieshof Liquor store and at the consulting rooms of Dr. W. Breytenbach. No one was injured in these explosions. The applicants alleged that one Mr. M. Perreira who owned the bottle store, donated R40 000.00 to the ANC.
For the most part the bombs which were used by the applicants were made by them from materials stolen from the mines. In most cases they timed the bombs to explode at night time in order to minimize fatalities. The applicants also carried unlicensed weapons and ammunition.
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 the instructions given to them by the AWB, a publicly known political organization, and that their acts were done in furtherance of the policies of that organization. Having regard to the political climate at the time and the means used by political organizations 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 for which they are charged as set out above, namely the murder of Kleinbooi Ramolla, unlawful possession of explosives and explosive devices, possession of unlicensed weapons, unlawful possession of ammunition and theft.
In terms of Section 22(1) of the Act, we hereby declare the dependents of Mottolane Kleinbooi Ramolla and those who were injured, as victims. Mr. Manuel Amoro Perreira of Sannieshof Hotel, Spoorstraat, Sannieshof, Dr. W. Breytenbach and the owner of the Agriman premises, Ottosdal are also found to be victims.
SIGNED ON THE DAY OF 1998.
JUDGE S. MILLER
J.B. SIBANYONI
DR. W.M. TSOTSI
