DECISION
The four applicants apply, in terms of Act 34 of 1995, as amended (the Act), for amnesty in respect of the kidnapping and murder of Gcinisizwe Kwesi Kondile (the deceased) in 1981. All the applicants testified on their own behalf.
The applications were opposed by members of the deceased's family on the basis of what turned out to be a failure to make full disclosure of the facts related to the said killing. Dirk Coetzee and Ginotry Danster testified on behalf of the family. The legal implications, such as they are, of Dirk Coetzee testifying in this hearing do not need to be set out herein.
The applicants were all members of the Security Branch of the South African Police at the time and stationed at Port Elizabeth. The deceased, apparently a trained member of the military wing of the African National Congress (ANC) was arrested in July 1981 while in Bloemfontein, Orange Free State as it was then. There he was interrogated and the Security Branch from Port Elizabeth was alerted of his detention because it seemed that the deceased had information in which they might be interested. He was later transferred to Humansdorp and thereafter to Jeffreys Bay in the Eastern Cape. His interrogation continued while he was in the Eastern Cape, even to the extent that the Border division of the Security Branch were allowed to interrogate him. The applicants, save for Du Plessis, denied that any of them assaulted the deceased at any time during his detention. Nor did they witness any assault on him. Du Plessis indeed admitted to a minor assault on the person of the deceased.
During the interrogation, it transpired that the deceased was able to become a valuable cog in the machinery of the Eastern Cape Security Police given his good standing in the ANC and his close relationship with Mr Chris Hani, who was a high ranked officer of the military wing of the ANC at the time.
It was proposed to him that he become a "double agent" whereby he would inform the police of plans, identities of people and where they could be found and so forth. Despite initial resistance, he eventually agreed to do so. As a result, according to Du Plessis, certain confidential and important informer networking information was divulged to the deceased in preparation for his new role as a double agent. The deceased was then still held at Jeffreys Bay so that the formal recruitment of the deceased as an informer could be processed and completed.
During one of the subsequent visits to the deceased, Du Plessis, who was at the head of this particular investigation and while waiting in the cell for the deceased to return from the shower, discovered a hand written document between the blankets on the bed upon which the deceased slept. The document took the form of a letter or note addressed to the ANC and was designed to inform the ANC of the purported agreement that he had entered into with Du Plessis. This of course was clearly an indication that Du Plessis had been misled and that the police were being set up for the destruction of their information machinery. he did not tell the deceased on his discovery but asked Raath to guard him closely or even talk to him so as to create the impression that everything was still in order.
Du Plessis consulted with Janse van Rensburg and Erasmus about what the next step would be in relation to the deceased's position. They considered certain options but finally concluded that armed with information which could lead to the collapse of the information system, the deceased had to be eliminated.
As a result, Dirk Coetzee was contacted after which arrangements were made to eliminate the deceased. Finally, Du Plessis, Van Rensburg and Raath kidnapped the deceased from the Eastern Cape and took him to Komatipoort where they met Coetzee and Roy Otto. In a forest like area near Komatipoort they gathered and had a braai and consumed liquor. They shared this with the deceased save that his drink was treated with a substance which would make him sleep. When he did eventually sleep, Roy Otto shot him. Thereafter his body was burnt.
Coetzee's evidence seems to dispute the date of the death and whether the deceased was injured or not before he died. In our view this is not central to the important requirements to be considered and does not affect the political objectives of the applicants in the commission of the offences for which they seek amnesty.
In the case of Danster also, the fact, as he testified, that the deceased was in fact assaulted during interrogations is not central to the considerations, nor does it affect the political objective of the applicants. In any event the application is not directed at any assault or the causes of injuries as referred to by Coetzee and Danster. Clearly the deceased was murdered for political reasons as he was a threat to the machinery of the security police who, by their own admission, sought to protect the Nationalist Government of the day.
It is common cause also that the deceased was taken to Komatipoort and dealt with as already described. It seems therefore that this is an application which complies with the Act and we have been satisfied that this is indeed so.
Consquently,
AMNESTY IS GRANTED: to all applicants in respect of the kidnapping and the subsequent murder of the deceased.
Furthermore, Bantu Kondile, the son of the deceased is declared a victim in the circumstances and his position is referred to the Reparation and Rehabilitation Committee for attention.
(Signed)
JUDGE H MALL
JUDGE R PILLAY
ADV L GCABASHE
ADV C DE JAGER
