DECISION
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The Applicant applies 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 application relates to two incidents which occurred in Dysselsdorp during 1985 and 1991 respectively. The incident of 1985 related to an attack on the Dysselsdorp rent office with a petrol bomb during October 1985 in respect whereof Applicant was convicted of one count of sabotage in the Knysna Regional Court and sentenced to an effective 7 years imprisonment. The 1991 incident concerned the unlawful occupation of the Dysselsdorp police station by Applicant and a number of other persons on 22 June 1991, pursuant whereto Applicant was convicted of the following offences in the George Regional Court and sentenced to a 4 year fully suspended term of imprisonment :
1. Abduction;
2. Assault with the intent to cause grievous bodily harm;
3. The unlawful appropriation of the use of property in contravention of Section 1 of Act 50 of 1956.
Applicant testified in support of the application and one of the victims in relation to the 1991 incident, Heinrich Marthin Tarentaal also testified at the hearing. Mr Tarentaal indicated that he is not opposing the application and merely wished to deal with the effects of the incident on himself. The circumstances of the respective incidents will now be dealt with briefly.
Applicant became politically aware at a relatively early age and his active participation in politics started at high school. At the time, Applicant and some of his fellow high school students launched the Dysselsdorp Youth Organisation ("DYO") which was initially politically non-aligned but eventually became affiliated to the United Democratic Front ("UDF"). After the DYO affiliated to the UDF and in line with the position of the African National Congress ("ANC") at the time that government structures were legitimate targets for attack, the DYO decided to attack the Dysselsdorp rent office in furtherance of its objective of destroying apartheid. The rent office was regarded as a structure which actively enforced apartheid particularly through the many evictions of people from their homes at the time.
On the night of the attack, i.e. 13 October 1985, Applicant and other members of the DYO held a secret meeting on the premises of the local school where the rent office was identified as a target for attack. Two petrol bombs were manufactured for the purpose of the attack, whereafter the group proceeded to the rent office. Applicant ignited one of the petrol bombs and threw it into the building through one of the windows. It transpired that the police had been informed about the intended attack and were waiting for the attackers at the rent office. The presence of the police, compelled Applicant and his fellow attackers to flee the scene without using the second petrol bomb in the attack. Minimal damage was caused to the building and no one suffered any injuries. Applicant was arrested soon after the incident and eventually convicted of sabotage. Applicant served approximately 5½ years of his said 7 year term of imprisonment and was released from Robben Island maximum prison on 11 April 1991.
After his release from prison, Applicant met with Mr Chris Hani in Cape Town, who ordered him to return to Dysselsdorp to mobilise popular support there for the ANC demand for the institution of a Constitutional Assembly. The DYO was converted into the Dysselsdorp branch of the ANC Youth League of which Applicant became the chairperson. Applicant again took a leading role in the local political activities and issues. One of the issues of concern was the perceived abuse of power by the local police as well as their support for the system of apartheid. The police actively frustrated many of the programmes of the ANC Youth League. In view of this situation, the ANC Youth League decided at one of its meetings to occupy the local police station in an attempt to communicate their grievances to the police and other local governing structures such as the Town Council.
Pursuant to this decision, Applicant and a number of other ANC Youth League members proceeded to the Dysselsdorp police station on 22 June 1991 where they occupied the premises. At one stage three policemen were present at the police station, but two of them managed to escape leaving Mr Tarentaal behind on his own with the group of people occupying the premises. One of the policemen, Mr Murray, who managed to escape was assaulted by members of the Applicant's group. Mr Tarentaal was disarmed of his service pistol and was effectively held hostage until the group eventually vacated the premises after the sit-in which lasted for approximately 6 hours. Mr Tarentaal testified that he was in fear throughout the ordeal of being harmed by the group particularly after his firearm was removed. Applicant accepted that this was possibly the case, but indicated that their intention in occupying the police station was never to cause any harm to anyone and that Mr Tarentaal was disarmed in order to avoid the possibility of anyone being injured through the use of the firearm.
After the group had handed over a list of their grievances to a senior representative of the police as well as a representative of the Town Council, they left the police station. They were thereafter confronted by the police, assaulted, arrested and eventually charged.
Mr Tarentaal testified that he had suffered from the psychological consequences of the incident for quite some time and was unable to effectively perform his duties as a police officer. He was eventually compelled to resign from the police during 1993. In spite of great hardship, he managed to eventually rehabilitate himself and has become actively involved, often in leadership positions, in the civic affairs of Dysselsdorp. He served in the leadership of one of the civic organisations together with the Applicant. He is convinced that all those involved, have now effectively put this unfortunate incident behind their backs and can now jointly build a better future for the residents of Dysselsdorp as a whole.
Having carefully considered all of the evidence and the other material placed before the Committee, we are satisfied that all of the actions of the Applicant as set out above, constitute acts associated with a political objective as envisaged in the Act. All of the relevant incidents clearly resulted from Applicant's political activities as well as the political conflict of the past. We are, moreover, satisfied that Applicant has made a full disclosure of all relevant facts and that the application complies with all of the other requirements of the Act.
In the circumstances amnesty is hereby GRANTED to Applicant in respect of :
1. The offence of sabotage committed on or about 13 October 1985 at or near Dysselsdorp;
2. The following offences committed on or about 22 June 1991 at or near Dysselsdorp :
2.1 abduction;
2.2 assault with the intent to cause grievous bodily harm;
2.3 unlawful appropriation of the use of property in contravention of Section 1 of Act 50 of 1956.
We are of the opinion that Heinrich Marthin Tarentaal as well as the other police officers involved in the incident of 22 June 1991, are victims in relation to that incident and are accordingly referred for consideration in terms of the provisions of Section 22 of the Act.
DATED at CAPE TOWN this _____ day of _________ 1999.
_____________________________ ______________
Judge DENZIL POTGIETER Adv. S. SIGODI
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Adv. F. BOSMAN
PANEL: Potgieter, J.; Adv. F. Bosman, Adv. S. Sigodi
EVIDENCE LEADER: Ms R. Patel
DATE & VENUE: 20 October 1999
106 Adderley Street
CAPE TOWN
LEGAL REP. FOR APPLICANT: Mr P. Williams
Moosa Waglay & Petersen
Klipfontein Road
ATHLONE
Tel.: 6971500
Fax : 6971821
VICTIM: Mr Heinrich Marthin Tarentaal
15 Bokkraal Way
DYSSELSDORP
Tel.: (044) 2516221
