: DECISION
This is an application for amnesty n terms of Section 18 of the Promotion of National Unity and Reconciliation Act No 34 of 1995, as amended.
For convenience sake the Applicants are referred to by their surnames.
They apply for amnesty for the following incident: The kidnapping and murder on the 19th July 1990 of a certain Brian Ngqulunga who was an askari and subsequently became a member of the South African Police.
De Kock was the first to testify. He gave a general background on the late Ngqulunga and the circumstances leading to his kidnapping and killing.
He stated that Ngqulunga participated in the killing of the human rights lawyer, Mr Griffiths Mxenge which incident was one of those investigated by the Harms Commission. When this Commission heard evidence about Mr Mxenge's death, Ngqulunga was still employed at Vlakplaas. He was later given special leave and transferred to the Police Head Office in Pretoria together with De Kock, Van Dyk, Bosigo and two other persons.
Ngqulunga had suicidal tendencies and was tense because of the killing of Mr Mxenge in Durban and other police activities he had been involved in.
De Kock, Ngqulunga and Joe Mamasela were feeding information and were told what evidence they should give before the Harms Commission. Mr Ngqulunga's evidence before the Commission was to the satisfaction of his superiors.
At the head office Ngqulunga was placed at the postal section, an inter-head office function whereby top secret documents were transferred between the offices. At this stage Ngqulunga was no longer under De Kock's command.
Later a discussion about Ngqulunga took place amongst De Kock, General Krappies Engelbrecht and General Nick van Rensburg in the latter's office. Ngqulunga's loyalty to the Generals had diminished and it was decided that he should be silenced (killed/eliminated).
De Kock did not immediately execute the General's orders until he was again approached by General van Rensburg who stated to De Kock that Ngqulunga had begun putting out feelers towards the ANC and had indeed contacted the ANC.
Ngqulunga threatened that because he knew the true facts regarding Mxenge's murder, he would expose them.
De Kock gave an order for plans to be formulated for Ngqulunga's elimination.
He requested Captain Baker to select a group of people to execute the task.
The following people participated in the execution of the order, Captain Baker, Wouter Mentz, Pieter Botha, Riaan Bellingan, Mr Nortje and Mr Chate.
The plan was that Radebe would take Mr Ngqulunga towards Bophuthatswana (near Brits) where other members from Vlakplaas would meet them. Radebe and the other members testified in detail about the role each of them played in the kidnapping and killing of Ngqulunga. They made the execution to appear as if Radebe and Ngqulunga were ambushed by members of a liberation movement. The attackers were wearing balaclavas to hide their identity. Ngqulunga called them comrades and pleaded with them to spare his life.
AK47 rifles were used to give an impression that the attackers were members of the ANC or PAC's military wing.
Thereafter the attackers retreated to a hotel in Pretoria where they left two of the cars they had previously hired from Avis and left to Johannesburg and booked at a hotel to remove any possible tracks.
An attempt was made to bury Ngqulunga in Soshanguve but when activists objected and threatened to exhume and burn his corpse, his body was buried on a hillock at Vlakplaas. Subsequently his body was exhumed and handed to his next-of-kin who gave him a decent burial.
The Amnesty Committee has weighed all the evidence that was tendered regarding this incident. Although Ngqulunga co-operated when evidence to be given before the Harms Commission was orchestrated and that indeed he gave a version which was negotiated and agreed to amongst the Security Police, there was cause to be concerned when it appeared that he was tense and emotional. He behaved suspiciously when he shot his highly pregnant wife in her stomach. His alleged contact with the ANC made the Security Police feel uncomfortable. It would appear that his threat that he would expose the truth regarding the killing of Mxenge became a final straw in the police's concern about Ngqulunga and caused them to take action against him.
In view of the political situation prevailing at the time an operative from Vlakplaas joining the ANC or an accomplice to the murder of Mxenge exposing the facts thereof was viewed in a serious light by the Security Forces. It would have damaged both the image of the Security Police and of the government of the day.
Mrs Ngqulunga, the wife to Brian Ngqulunga was called to give evidence before the Committee. She confirmed that her husband was working at Vlakplaas and that they had a house in Soshanguve, Pretoria, where some of the askaris and police were residing as well. She also confirmed that Mr Ngqulunga had a quarrel with her and shot at her with a firearm. She could not dispute nor admit that Mr Ngqulunga contacted the ANC with intention to rejoin it. She testified that her husband would not have disclosed that to her.
The Amnesty Committee is satisfied that this application complies with the requirements of the Act in all respects and the Applicants are GRANTED amnesty for the kidnapping and murder of Brian Ngqulunga.
The Committee recommends that Mrs Ngqulunga be declared a victim and the matter is referred to the Reparation and Rehabilitation Committee for consideration.
SIGNED AT CAPE TOWN THIS THE 14TH DAY OF FEBRUARY 2001
JUDGE A WILSON
MR JB SIBANYONI
ADVOCATE N SANDI
