DECISION
Both Applicants filed applications for amnesty, duly completed in the prescribed form. The first Applicant was Chief of the Army from 1 November 1980 to 31 October 1985 and subsequently Chief of the SA Defence Force from 1 November 1985 to 31 October 1990. He applied for amnesty for assisting in the escape of Charles Sebe from prison in the Ciskei in 1986. Applicant states that he received an instruction from Mr P.W. Botha, then president and chairman of the State Security Council to arrange for the escape. Following the order he instructed General Joubert, head of Special Forces, to arrange fr the escape. This was duly done and Sebe was liberated. Charles Sebe was being detained and it was viewed that as an outspoken critic of communism and Marxism, it was necessary to have him liberated from prison. Mr P.W. Botha, who gave the order, was also as head of State ex officio supreme commander of the SA Defence Force. The Committee received applications for amnesty for their part in this mission from three other applications viz.:
CHRISTOFFEL PIERRE VAN DER WESTHUIZEN AM 6499/97
JOHANNES LODEWIKUS GRIEBENAUW AM 5182/97
and PHILLIP JACOBUS FOUCHE AM 6472/97
all of which were granted amnesty.
The Committee is satisfied that the first Applicant has made full disclosure of his involvement in assisting in the escape of Charles Sebe from prison in the Ciskei, that the act was in execution of an order and that it took place in the context of the political conflicts of the past.
The first Applicant is therefore GRANTED amnesty for assisting in the escape of Charles Sebe from a Ciskei prison in 1986.
The second Applicant was Chief of the Army since November 1985 and subsequently became Chief of the SA Defence Force on 1 November 1990, a position which he held until his retirement on 31 October 1993.
Both first and second Applicants state that they were advised not to apply for any cross-border operations perpetrated by members of the Defence Force. Both Applicants though apply for amnesty for any act committed by any of those persons under their command which may constitute an offence of which they have no present knowledge. None of the two Applicants discloses any act or omission which constitutes an offence or delict even in the slightest particulars. Their applications for amnesty insofar as they relate to acts by members of the Defence Force under their command and of which they had no knowledge or have made no disclosure is REFUSED.
DATED AT CAPE TOWN THIS
: DAY OF
: 2000.
