DECISION
______________________________________________________
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995 ("the Act").
The Applicants, who are for convenience sake referred to by their surnames, apply for amnesty in respect of the following incident:
The conspiracy, planning, abduction, assault and killing of Goodwill Colin "Neville" Sikhakhane ("Sikhakhane") on 29 January 1991 at or near Greytown in the then Natal.
All the Applicants except for Taylor who is deceased testified. The gist of their evidence is to the effect that Sikhakhane had become an "askari" during 1988 after defecting from the ANC who were apparently intent on sending him to Angola due to, inter alia, disciplinary problems. Some of the Applicants and their colleagues assisted Sikhakhane, his common law wife and their child to enter the Republic unlawfully. Sikhakhane and his family were moved to the Pietermaritzburg area.
At the time material to these applications he was working with the "Terrorist Location Unit" which was a sub-branch of the Security Branch of the South African Police, Division Natal, based at Camperdown and under Taylor's command.
Steyn testified that towards the end of 1990 or early 1991 Taylor had approached him in connection with problems regarding Sikhakhane’s discipline and fears that he might be a security risk. According to Steyn, his and Taylor's efforts to encourage Sikhakhane to improve his conduct met with no response. In the light of the grave danger to the State as a consequence of the security risk which Sikhakhane thus represented he ordered his elimination. Steyn then approached De Kock who was at the time the officer in command at Vlakplaas for assistance in the matter. He, in the apparent belief that Steyn had "cleared things" with General I J Engelbrecht ("Engelbrecht") (de Kock's senior), dispatched Nortje, Brits and Swart to Natal to undertake the operation in collaboration with Taylor and Hanton.
Engelbrecht denies any knowledge of the matter and Steyn insists that he didn't "clear the matter up" with Engelbrecht. However, in the light of the euphemisms used and the prevailing "need to know" culture we have no reason to doubt De Kock's bona fides in the matter.
De Kock testified that he handed Nortje between five and seven thousand rand in cash for necessary expenses and a silenced AK-47 for use in the operation. He then gave instructions for Nortje to liaise with Taylor and Hanton with regard to the further conduct of the operation.
Nortje, Brits and Swart met Taylor and Hanton at Mooi River as arranged and proceeded to a bar at Mpushini where they discussed what needed doing and thereafter they checked into the Lion Park Inn where further planning was done with Hanton after Taylor had left. The following day Nortje hired a minibus. Hanton made an arrangement to meet Sikhakhane later that night and the AK-47 was tested. A site for the killing was reconnoitred. False registration plates were fitted to the vehicle.
The four of them then left for Greytown. They stopped off at a bar in new Hanover where they waited until the time they had arranged to meet Sikhakhane arrived. They then proceeded to Greytown and met Sikhakhane. After they picked up Sikhakhane they drove off. Nortje and Brits who had been hiding in the back of the vehicle then overpowered Sikhakhane and handcuffed him. In the process Nortje assaulted him by hitting him on the head a number of times with some sort of leather "baton" containing a metal ball. Brits was also hit on the hand in the process and blood was found in the vehicle the following day.
They drove to the place identified earlier that day. It was an isolated spot on the Kranskop Road approximately five kilometres outside Greytown where the road passed through plantations. Sikhakhane was taken out of the vehicle, carried up a bank by Nortje and Brits. Hanton followed them while Swart drove off in the vehicle to avoid attracting attention. Brits held Sikhakhane down by placing his foot on Sikhakhane's throat. Nortje shot Sikhakhane two or three times with the AK-47. Swart returned soon after this and they departed for Pietermaritzburg.
The next day they cleaned the vehicle and returned to it. Hanton went to report to Taylor and Nortje, Brits and Swart travelled back to Vlakplaas and reported to de Kock. He says that he reported to Engelbrecht. De Kock says he gave Nortje the balance of the cash left over from the operation in the sum of approximately R2000.00. This was confirmed by Nortje. However, it is apparent to us that Nortje had no expectation with regard to this payment and that it formed no part of his motivation with regard to the acts committed.
There was no clarity before us about how Sikhakhane's body was found, identified or whether an investigation or inquest was held. We have seen a copy of the post-mortem examination which was conducted after his body was exhumed and are satisfied that the finding accords with the evidence tendered by the Applicants.
Although there were numerous small inconsistencies and improbabilities in the evidence of some of the Applicants that we do not intend to canvass for the purposes of this decision, we are satisfied that they have made a full disclosure of all relevant facts.
It is clear to us that most of the Applicants believed that Sikhakhane posed a serious security risk to them and their colleagues and that the information at his disposal could have seriously embarrassed the then Government and weakened its negotiating position. Alternatively, some of the Applicants acted upon the orders of senior officers whose judgement they trusted and in any event would not have questioned. We are thus satisfied that the Applicants have complied with the requirements of Section 20(1) of the Act.
In the result amnesty is GRANTED in respect of all acts, omissions or offences, including delicts, arising from or in connection with:
1. The conspiracy, planning and killing of Goodwill Colin "Neville" Sikhakhane ("Sikhakhane") on 29 January 1991 at or near Greytown in the then Natal ("the killing");
2. The relevant contraventions of Act 75 of 1969 arising from the unlawful possession of an AK-47 automatic rifle, a Makarov pistol and the ammunition for both firearms in connection with the killing;
3. The abduction of Sikhakhane prior to the killing;
4. The assault on Sikhakhane prior to the killing;
5. Defeating the ends of justice in connection with the killing;
6. Assisting Sikhakhane and his family to enter the Republic of South Africa unlawfully during April 1988;
in the following respects to the following Applicants:
a) Eugene Alexander de Kock: with regard to 1, 2 and 5 above;
(b) David Jacobus Brits: with regard to 1, 2, 3, 4, 5 and 6 above;
(c) Johannes Jacobus Swart: with regard to 1, 2, 3, 4 and 5 above;
(d) Willem Albertus Nortje: with regard to 1, 2, 3, 4 and 5 above;
(e) Lawrence John Hanton: with regard to 1, 2, 3, 4 and 5 above;
(f) Andrew Russel Cavill Taylor: with regard to 1 and 5 above;
(g) Johannes Albertus Steyn: with regard to 1 and 5 above.
Amnesty is REFUSED with regard to the fraud and theft of State monies in connection with the killing.
The Amnesty Committee is of the opinion that the relatives and dependants of the deceased Goodwill Colin "Neville" Sikhakhane are victims as defined in the Act and are accordingly referred to the Committee on reparation and Rehabilitation for consideration as such, in terms of Section 26 of the Act.
DATED at this day of 2000
___________________________
JUDGE A WILSON
____________________________
MR J B SIBANYONI
____________________________
MR I LAX
