: DECISION
These are applications for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation act No 34 of 1995.
A. Flores applies for the following offences
1. The attempted murder of an ANC member (only known as "Mdo") in Swaziland in the 1980's.
2. Arson in respect of the Sacred Heart Church Hall in Witbank on or about the 21 March 1988.
B. Snyders applies for the following offence:
1. The attempted murder of an ANC member (only known as "Mdo") in Swaziland.
C. Mosiane applies for the following offence:
1. One (1) count of arson in respect of the Sacred heart Church Hall in Witbank on or about the 21 March 1988.
At the relevant time all the Applicants were members of the notorious Vlakplaas Police Unit, a unit of the South African Security Police. They all worked at Vlakplaas under Eugene de Kock who was their Operational Commander. Mosiane was an askari and a former member of Umkhonto weSizwe ("MK"), the military wing of the African National Congress ("the ANC"). We shall deal with the incidents separately.
1. THE ATTEMPTED MURDER OF MDO
The evidence of the Applicants is briefly as follows. Dan Greyling who was the head of the Nelspruit Security Branch requested Eugene de Kock to make available the support of members of the Vlakplaas Unit in the elimination of a well-known ANC member in Swaziland. It later transpired that the name of the person concerned was Mdo. In compliance with the request Flores, Eugene de Kock, David Brits, Piet Snyders and Paul van Dyk travelled to Swaziland where they met Greyling in a hotel in Mbabane. They had used a kombi and a Golf motor vehicle. They spent the night in the hotel planning the killing and the next day Greyling left for Nelspruit. They were left behind tracing the movements of the target, his car registration etc. Later the Applicants' group was joined by Sergeant Labuschagne of the Middelburg Security Branch and he knew which places ANC cadres frequented in Mbabane.
During the course of the day they were not successful to trace the whereabouts of the target and his vehicle but later that evening they saw his car parked outside a pub. The target (Mdo) was busy talking to a person on the pavement. Flores who was travelling in his kombi with tinted windows opened a small gap through the windows. He was preparing to shoot him with the silencer-equipped 9mm pistol. When he took aim Labuschagne told him not to shoot because there were many people in the area. This was in the middle of Mbabane and they waited until the target climbed into his vehicle and drive off. They followed him. At some point the target again stopped and talked to a black male. Flores saw this as an opportunity to shoot but before he could open fire, he was again stopped by Labuschagne. They contacted De Kock by radio and the instruction was that they should return to the hotel where they held a discussion about the operation. It transpired from the discussion that the target was Labuschagne's informant and that there was tension between Greyling and Labuschagne, hence the former wanted the Vlakplaas Unit members to kill the latter's informant. In the circumstances, the operation was abandoned.
Snyders testified and supported Flores's evidence in most material respects. His evidence is not worth repeating save to say that he confirms having received an order from De Kock and that he and Snyders went to Mbabane where the target was to be eliminated. He also says that it later transpired that there was an element of jealousy between Greyling and Labuschagne and that the target was the latter's informant. He further confirms that in the circumstances the operation could not be proceeded with. Both Applicants state that at the time of the occurrence of the incident they believed they were acting in the interests of the previous National Party Government to combat what they saw as a threat from the ANC and other liberation movements and political organisations which opposed the regime.
2. THE BURNING OF THE SACRED HEART CHURCH HALL IN WITBANK : 21 MARCH 1988
According to Flores at the relevant time he was assigned to the Witbank area for "normal" Vlakplaas operations when he received a request from Lieutenant Chris Rorich of the Witbank Security Branch. Rorich requested Flores and a team of askaris who were working under him in the area to help burn down the Sacred Heart Church Hall. he agreed to help on condition that he would be supplied with members from the local Security Branch to assist him. Rorich said the reason for burning the hall was that the place was being used by members of youth organisations who sympathised with the ANC. There was also going to be a rally there the next day. The Applicant says he did not question the request (order) from Rorich and immediately instructed the askaris, who included Mosiane, to prepare Russian cocktails which were made of glass coke bottles with petrol and surf washing powder with a cloth fuse. These materials, i.e. three (3) to four (4) bombs were going to be used to burn the hall.
In the evening he and members of the local Security Branch went to inspect the physical location of the church. They noticed that the church was deserted and this was the ideal situation because they did not want to kill any person, but simply to burn the structure. They were using two (2) vehicles which they parked some distance away. he sent the askaris to get into the premises and burn the structure. This they did and the building was burnt to the ground. He reported to Rorich that the operation was a success. The latter in turn reported to De Kock.
Mosiane testified and stated that at the relevant time he was an askari and worked under Flores as his commander. H says he was not involved in the preparation of the Russian cocktails. He received the order to take part in the burning of the hall from Flores in Witbank. Flores told him and another askari Nicholas Dube, that there was a church in the black township which they had to burn. They were taken by black members of the Witbank Security Police in order that they could show them the target. In the evening of the same day they were given the order by Flores. They were transported to the church hall by the black local Security Police. They burnt it down with the prepared petrol bombs. Mosiane says he executed the arson with Dube and had gained entry into the hall by breaking a window. When they were inside they put together all the chairs and tables and sprinkled them with petrol. They went out of the hall through the kitchen window and when they were outside they burnt the hall. They then reported to Flores, who was waiting some distance away, that the mission had been accomplished.
Mosiane testified that he was carrying out an order from his superior when he burnt the Sacred Heart Church Hall and believed that he was acting to protect the previous regime which he, as an askari, was defending at the relevant time during the current political conflict.
After carefully considering the evidence, we are satisfied that the Applicants have complied with the requirements of the Act. They have succeeded to show that they acted with a political objective when they committed the crimes. Further, they appear to have given a full disclosure of the relevant facts. We are therefore satisfied that the Applicants are entitled to amnesty.
Amnesty is accordingly GRANTED to all the Applicants in respect of all the offences referred to above and for any other offence or delict flowing from the respective incidents.
SIGNED AT CAPE TOWN ON THIS 20TH DAY OF FEBRUARY 2001
D POTGIETER, AJ
ADV N SANDI
W MALAN
