DECISION
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Both applicants apply for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 for the killing of Richard Motasi and his wife Irene Motasi on 1st December 1987 at Hammanskraal. Loots, who was a captain in Security Branch at the time, testified that on the morning of December 1, 1987 Col Ras, his co-applicant summoned him to his office, instructing him to bring Captain Hechter and Captain Van Vuuren along.
Ras informed them that Brigadier Stemmet had told him that he had information that a policeman in Hammanskraal was an ANC agent and that he was to be eliminated as he visited and was relaying information to the ANC in Zimbabwe that had in the past already led to the killing of some people there. He was then told by Ras to see Stemmet, which he did while Hechter and Van Vuuren remained with Ras. Stemmet in the presence of Colonel Koos Klopper, repeated the information and instruction and provided Loots with the name and address of Richard Motasi. He also mentioned that apart from the information being relayed to Zimbabwe, the policeman had contact with the ANC in Johannesburg. Loots had the impression that there was a sense of urgency with Stemmet. Upon his return he discussed the matter with Hechter and Van Vuuren and tasked Joe Mamasela to confirm the address and to make sure that they would be able to find the house that same night when they were to carry out their mission. Mamasela had during the day confirmed the address and the type of motor vehicle Motasi was driving.
They left that very night in a vehicle driven by Danny Selahle, to Motasi's house, and on their arrival Selahle stayed in the vehicle as they approached the house. Mamasela knocked at the door and learned from Mrs Motasi that her husband was not yet at home but expected him that evening. Mamasela reported to Loots, Hechter and Van Vuuren and they decided that Mamasela would again knock on the door, overpower Mrs Motasi and hold her in the bedroom while the other three would await the arrival of Mr Richard Motasi in the living room. This was then done. Mrs Motasi and her young son, Seditso Charles Motasi, were locked into the bedroom. When Motasi arrived, Hechter grabbed him and a struggle ensued. Loots attempted to hit Motasi with the back of his gun, injuring Hechter in the process. Hechter placed a cushion from one of the lounge chairs over Motasi's face and Van Vuuren fired shots at the head of Motasi, killing him. Hechter told Van Vuuren to call Mamasela. When Van Vuuren joined them again, shots rang out and Loots then knew that Mamasela had shot Mrs Motasi. This was not planned. Loots confronted Mamasela when he joined them and Mamasela explained that Mrs Motasi would have been able to identify him, exposing him and the operation as a security police operation. All of them were reconciled with the eventuality of Mrs Motasi's killing.
The next morning Loots reported to Ras in the latter's office, Colonel Klopper being present there, that the instruction was carried out and that Mamasela had shot Mrs Motasi. Ras accepted that Mrs Motasi had been killed as a necessary outcome of the operation. He did not report to Stemmet as he assumed that Klopper would do so. The matter was never discussed again.
During September 1996 Loots was contacted by Van Vuuren who told him that it was alleged by the Attorney-General's investigating team that Motasi was killed because he had instituted a civil claim against the Minister of police. He never before this had heard of such a civil claim. He does not believe this to have been the reason for Motasi's death.
Loots also gave evidence that Stemmet was a Uniform Branch member and a model policeman who was respected by most in the force. He did not find it strange at the time that Stemmet would give him such instructions, despite Stemmet not being part of the Security Branch, since Stemmet might have had this information from another branch of the intelligence community. He did not verify the information as the instruction came from the top, so to speak. He cannot recall ever having heard the name before or having had a file on Motasi in his unit. He was also aware that Hechter and Van Vuuren were involved in similar killings, although this was his first and only involvement with them.
Ras also testified, confirming the evidence given by Loots as far as it related to him. At the daily crime conference on the morning of December 1, 1987 Stemmet mentioned that a policeman from Hammanskraal was an ANC agent. After the meeting in the passage in front of the elevators, Stemmet told Ras that he wanted this man eliminated. He told Ras to send Loots to him and to task Hechter and Van Vuuren to do the job.
Both Applicants confirmed the evidence of Hechter and Van Vuuren given at the hearing of their applications (and such transcript of the proceedings formed part of the documentation of the hearing), as far as it relates to them as well as their own evidence given at that hearing.
Jacob Gabriël le Roux Stemmet, through his attorneys, filed an affidavit after the hearing of Hechter and Van Vuuren, dated 27 May 1997, in which he states that he was never attached to the Security Branch, but always a uniform member and from 1 December 1986 to 31 December 1988 was Divisional Commissioner, Pretoria. He has no recollection that he had ever been involved in any matter relating to Sergeant Motasi. Hundreds of matters came before him and while it may be possible that the name of Motasi might have been one of them, it is likewise possible that he might have received information on Motasi which he passed on to the Security Branch. He denies however in the strongest terms that he had ever given instructions or participated in any way whatsoever in any murder of any person, Motasi included. He does not understand why he is drawn into this case and denies all allegations as being false.
Stemmet did not give evidence, even though he was given notice of the hearing. The Committee is of the opinion that not much weight can be placed on the affidavit as such as evidence could not be tested under cross-examination. Loots was however adamant that he was given instructions by Stemmet to eliminate Motasi as aforesaid.
The family of the Motasi couple was represented by Mr Eric van den Berg who conducted limited cross-examination and stated on their behalf that Motasi was never an agent and loved his work. They did not oppose the application, nor supported it.
The applicants acted on orders of their superiors and believed that the deceased was an ANC agent which organisation the then Government was fighting against.
On the evidence before us the Committee is satisfied that the killing of Mr Motasi took place within the context of the conflicts of the past, that it was an act associated with a political objective as envisaged in the Act and that the applicants have made a full disclosure of all relevant facts. They are therefore being GRANTED amnesty for the murder of Mr Richard Motasi.
The question of whether they are entitled to amnesty for the murder of Irene Motasi was further considered. The Committee is satisfied that on the evidence before it, Mamasela, had he applied for amnesty, would have been granted amnesty. It is furthermore clear that Mamasela was under the direct order of Loots. Although the killing of Irene Motasi was not directly ordered by Loots, he, when learning the reason from Mamasela, accepted Mamasela's explanation, thereby taking responsibility for the killing. This is mutatis mutandis applicable to Ras when Loots reported to him.
The Committee is satisfied that the killing of Mrs Motasi was also associated with a political objective as envisaged in the Act and amnesty is there GRANTED to both applicants for the killing of Irene Motasi.
The Committee is of the opinion that both Mr Richard Motasi and Mrs Irene Motasi, as well as their son Seditso Charles Motasi, are victims as contemplated in the Act and their names are referred to the Repatriation and Rehabilitation Committee for consideration in terms of Section 22(1) of the Act.
SIGNED AT CAPE TOWN ON 23RD OF JANUARY 2000.
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