DECISION
These are applications 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"). First Applicant, Ronald Kasrils, is a high-profiled political leader and presently a member of the South African Cabinet. He has, at all material times, occupied positions of leadership and authority within the African National Congress ("ANC") as well as its military wing Umkhonto weSizwe ("MK"). He has been a member of the latter organisation since its inception. As part of his duties within MK, he established a unit within South Africa which operated under the command of Second Applicant, Damian Michael De Lange, during the period 1986 to 1988. The remaining two Applicants were members of this unit. The present matter relates to the activities of this unit and in particular to an attack on a communications tower at Linksfield Ridge, Johannesburg during or about late November 1987 and an attack on a military bus transporting South African Airforce personnel at Benoni on or about 1 March 1988. The main purpose of the applications is to expunge the criminal records of Second to Fourth Applicants which resulted from their conviction of various charges in the Regional Division of Northern Transvaal of the Regional Court sitting at Pretoria in Case No. 14/288/89. The charges in question are more fully set out later in this decision.
First Applicant has been conducting various operations, including the activities of the unit in question from exile and has accordingly never been charged with any of these activities. He is simply seeking amnesty in these proceedings in respect of the two attacks referred to above.
The only evidence presented at the hearing was that of the respective Applicants. Although the interests of some of the victims of the attack on the Airforce bus were protected by a legal representative who appeared at the proceedings, it was made clear that the applications are not being opposed. The facts and circumstances relating to the relevant incidents are accordingly uncontested. According to the evidence, Second to Fourth Applicants joined MK in exile where they received military training. Their unit was a specialized one established for the purpose both of collecting intelligence information and to carry out operations within South Africa. These activities were undertaken roughly during the period 1986 until the arrest of Second to Fourth Applicants during May 1988. The operations conducted by the unit fell within the ambit of the general orders given by First Applicant as well as the policy and liberation struggle conducted at the time by the ANC and MK. Both the communications tower and the Airforce bus constituted legitimate targets for attack in terms of this policy. These attacks were, moreover, executed in accordance with the relevant international conventions on warfare and insofar as the Applicants were concerned they were soldiers engaged in a just war for the liberation of their people from oppression. They took the necessary care to minimise any unnecessary risks to lives and property beyond that of their specific targets. Certain home made explosives were used in both attacks and the timing and location of both attacks were such that Applicants were satisfied that the main thrust of the attack would be directed at the specific targets. They accepted that in the course of the attack upon the bus, some of the nearby private properties were damaged, but they indicated that this is often the inevitable result of the conflict that raged in the country at the time. They were satisfied that reasonable steps had been taken to avoid or minimise this kind of consequence as far as possible.
Soon after the last attack, Second to Fourth Applicants were arrested and eventually tried and convicted of various offences which resulted from the said two attacks as well as some of the other activities of their unit. They were sentenced to long term imprisonment but were released in terms of the provisions of the Pretoria minute concluded between the ANC and the then South African government during August 1990.
Having carefully considered the matter, we are satisfied that the applications comply with all of the requirements of the Act. The activities of the Applicants were clearly in furtherance of the political struggle being waged at the time by the ANC and MK against the South African government. There is no doubt that these activities constitute acts associated with a political objective as envisaged in terms of the Act. We are, moreover, satisfied that the Applicants have made a full disclosure of all relevant and material facts.
In the circumstances amnesty is hereby GRANTED to the Applicants in the following terms:
1. In respect of First Applicant, Ronald Kasrils:
All offences and delicts arising from the operations of the De Lange MK unit (Broederstroom Unit) during or about the period 1986 to 1988 in particular the attack on the communications tower at Linksfield Ridge, Johannesburg during or about November 1987 and the attack on the South African Airforce bus at or near Benoni on or about 1 March 1988.
2. In respect of Second Applicant, Damian Michael De Lange
All of the operations of the De Lange MK unit during or about the period 1986 to 1988 and in particular the following offences of which Applicant was convicted in the Pretoria Regional Court under Case No. 14/288/89, including
2.1 terrorism in contravention of Section 54(1) of Act 74 of 1982 in respect of receiving military training in exile;
2.2 terrorism in respect of infiltrating and deploying a MK unit inside South Africa;
2.3 terrorism in respect of the equipping, receiving and possession of weapons, ammunition, explosives and accessories;
2.4 terrorism in respect of the explosion at the high voltage mast pole in Kliprivier;
2.5 terrorism in respect of the explosion at the communication mast antennae;
2.6 terrorism in respect of the explosion near the South African Airforce bus;
2.7 terrorism in respect of the placing of a limpet mine under a motor vehicle;
2.8 terrorism in respect of a conspiracy and attempted attacks on Rosebank police station;
2.9 terrorism in respect of conspiracy and the attempted attack on Randburg Commando Headquarters;
2.10 terrorism in respect of reconnaissance, the submission of intelligence reports and communication with the ANC;
2.11 two counts of arson and one count of attempted arson in respect of the offices of the Progressive Federal Party in Johannesburg on or about 31 May 1981.
3. In respect to Third Applicant, Ian Hugh Robertson
All of the operations of the De Lange MK unit during or about the period 1986 to 1988 and in particular the following offences of which Applicant was convicted in the Pretoria Regional Court under Case No. 14/288/89, including
3.1 terrorism in contravention of Section 54(1) of Act 74 of 1982 in respect of receiving military training in exile;
3.2 terrorism in respect of infiltrating and deploying a MK unit inside South Africa;
3.3 terrorism in respect of the equipping, receiving and possession of weapons, ammunition, explosives and accessories;
3.4 terrorism in respect of the explosion at the high voltage mast pole in Kliprivier;
3.5 terrorism in respect of the explosion at the communication mast antennae;
3.6 terrorism in respect of the explosion near the South African Airforce bus;
3.7 terrorism in respect of the placing of a limpet mine under a motor vehicle.
4. In respect of Fourth Applicant, Susan Catherine De Lange
All of the operations of the De Lange MK unit during or about the period 1986 to 1988 and in particular the following offences of which Applicant was convicted in the Pretoria Regional Court under Case No. 14/288/89, including
4.1 terrorism in contravention of Section 54(1) of Act 74 of 1982 in respect of receiving military training in exile;
4.2 Terrorism in respect of infiltrating and deploying a MK unit inside South Africa;
4.3 Terrorism in respect of the equipping, receiving and possession of weapons, ammunition, explosives and accessories;
4.4 Terrorism in respect of the explosion at the high voltage mast pole in Kliprivier;
4.5 Terrorism in respect of the explosion at the communication mast antennae;
4.6 Terrorism in respect of a conspiracy and an attempted attack on Randburg Commando Headquarters.
In our opinion the persons who were injured or suffered loss in any of the incidents I respect whereof amnesty is hereby granted, are victims and they are accordingly referred for consideration in terms of the provisions of Section 22 of the Act.
DATED AT CAPE TOWN THIS ___________ DAY OF ____________ 2000.
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D. POTGIETER, A.J.
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J. MOTATA, A.J.
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ADV. N. SANDI
