: DECISION
The following incidents were dealt with at the above hearing in respect whereof one or more of the above Applicants applied for amnesty, namely:
1. Arson at a Vryburg church during 1987. The 1st and 2nd Applicants applied for amnesty for this incident.
2. Malicious damage to the vehicle of an ANC member, one Galeng, at Vryburg during 1985.
The 2nd Applicant applied for amnesty for this incident.
3. Arson at home of ANC activists in Kanyamazane during 1986 and 1987. The 1st Applicant applied for amnesty for this incident.
4. The abduction and assault of an unknown activist in KwaNdabele during 1986/87.
The 1st Applicant applied for amnesty for this incident.
5. Arson at the house of an ANC activist in Swaziland near the Oshoek border post.
The 1st and 3rd Applicants applied for amnesty for this incident.
6. Attack on the home of Muziwakhe Boniface Ngwenya, alias MK Thami Zulu, in Mbabane, Swaziland during 1988.
The 3rd Applicant applied for amnesty for this incident.
All the Applicants gave evidence on the incidents they were involved in.
1. ARSON AT A VRYBURG CHURCH
The facts established are that members of Vlakplaas under the command of Eugene de Kock, on their way to Namibia, made a stopover at the Security Branch in Vryburg, then under the command of Colonel Gerhard Bruwer. Bruwer told De Kock about a room at the back of a Vryburg Church in the black township from where certain ANC activities were conducted. These included the use of a printing press to print and distribute propaganda. It was decided to launch an operation that same evening. They forcibly gained access tot he premises by breaking down a door. In the room there was a photocopying machine. Leaflets of ANC and UDF aligned organisations as well as T-shirts were also found inside the room. The photocopier was removed and petrol was used to set the room alight. Orders originated from De Kock at the request of Bruwer. The political objective, as understood by the Applicants, was the intimidation and disruption of the ANC. The recollection of the 2nd Applicant was that the photocopier was intended for use by the Vryburg Security Branch. The 1st Applicant was adamant that the copier was later destroyed with explosives at Vlakplaas. He was responsible for the destruction, having been instructed to do so by De Kock. This discrepancy is not material and the versions not necessarily mutually exclusive. It is common cause that the copier was not stolen for the private use of anyone involved. The application was not opposed.
The Committee is satisfied that the incident took place within the context of the political conflicts of the past that the acts were perpetrated with a political objective and that both Applicants made an honest and full disclosure. Both the 1st and 2nd Applicant are therefore GRANTED amnesty for all acts related to this incident. The Committee is further of the opinion that the owner/s of this Vryburg Church would be a victim/victims and the matter is referred to the Reparation and Rehabilitation Committee for consideration.
2. MALICIOUS DAMAGE TO THE VEHICLE OF GALENG
The 2nd Applicant applied for amnesty and gave oral evidence at the hearing. Galeng was an attorney at Vryburg and in some way involved with UDF activities. While deployed in the Vryburg Kuruman area, the Vlakplaas Unit, of which 2nd Applicant was a member, was approached by the commander of the Vryburg Security Branch to assist in an act of intimidation of Galeng. The Vlakplaas Unit was under the command of then W/O Paul van Dyk.
Galeng was phoned and a meeting arranged for him with the Security Branch members of Kuruman, where Galeng happened to find himself on that specific day. Imprints of his car keys were made, a duplicate key was made at Pretoria at the technical unit and about 2 days later the car was stolen by Almond Nofomela. They then took the car and drove via Reivilo to Botswana where they entered at Saverne, drove the car into the bushes, poured petrol over it and set it alight.
The Committee is satisfied that the incident relates to the political conflicts of the past, that the acts were associated with a political objective and that the 2nd Applicant made a full disclosure. The 2nd Applicant is therefore GRANTED amnesty for this incident.
The Committee is further of the opinion that Mr Galeng, at the time an attorney in Vryburg, is a victim as envisaged in The Act and his name is referred to the Reparation and Rehabilitation Committee for their consideration.
3. ARSON AT HOMES OF ANC ACTIVISTS IN KANYAMAZANE DURING 1986/7
The 1st Applicant gave evidence at the hearing.
The Vlakplaas Unit was deployed in the Eastern Transvaal. They had their base at Badplaas and worked in the Nelspruit area. They were under command of Dan Greyling, head of the Security Branch in Nelspruit.
Unrest in Kanyamazane was at its peak. ANC comrades were regularly burning the homes of councillors and policemen and of people they suspected to be police informers. Informers gave the names of those involved in these attacks to the Nelspruit Security Branch. Members of Vlakplaas were then tasked to launch arson attacks on the homes of these identified comrades as acts of counter-intimidation. Petrol bombs were used. 1st Applicant was personally involved in 3 such incidents, although he believes about 20 such incidents of counter-intimidation occurred. Others involved were Paul van Dyk, Simon Radebe, Jeff Bosigo and Almond Nofomela. from Vlakplaas. Apart from Greying, John Walters and Vincent Malaga of Nelspruit were also involved. The Applicant cannot remember any of the comrades' names nor any specific address. Although these attacks took place at night time when people were supposed to be sleeping in their homes, on one occasion only has he had information that a person sustained minor injuries.
The Committee is satisfied that the incidents occurred within the context of the political conflicts of the past, that the acts of counter-intimidation were associated with a political objective and that the 1st Applicant has under the circumstances made a full disclosure. 1st Applicant is therefore GRANTED amnesty for arson attacks on the homes of ANC activists in Kanyamazane during 1986/7.
4. THE ABDUCTION AND ASSAULT OF AN UNKNOWN ACTIVIST IN KWANDEBELE DURING 1986/7
In his written application the 1st Applicant states that he was part of a Vlakplaas contingent under command of Eugene De Kock that abducted a person from Kwa Mahlangu.
Information was received by De Kock from Leon Boshoff, Commander of the Murder and Robbery Unit in KwaNdebele, that a certain person, whose name Applicant does not remember, a shopkeeper, provided weapons and training to ANC members. Askaris from Vlakplaas presented themselves to this person as ANC members who wanted weapons. The purpose was to elicit information. When this approach did not succeed, they abducted the person to a holiday resort in KwaNdebele, interrogated and assaulted him. At the resort the person was blindfolded. Of the askaris involved, he remembers Simon Radebe and Jeff Bosigo. Applicant did not assault this person. The person did not give any information of value and information they did get later turned out to be false. The person was held for a short while only and later released at their original meeting point. It appears that the white members were not exposed to this person. The askaris persisting with their pretence of being ANC supporters, wanting to get weapons or the person who could supply them. The person certainly did not sustain any serious injuries. In evidence before the Committee Applicant stated that Van Dyk was his immediate commander. Others present were De Kock, Pieter Botha, Riaan Bellingham and Joe Coetzer.
The Committee is satisfied that the incident occurred within the context of the political conflicts of the past that the acts of the 1st Applicant were associated with a political objective and that he has made a full disclosure. He is therefore GRANTED amnesty for this incident.
5. ARSON AT THE HOUSE OF AN ANC ACTIVIST IN SWAZILAND NEAR THE OSHOEK BORDER POST
After a burglary at Effesus House, which was the subject matter of another amnesty hearing of 1st and 3rd Applicants, a Vlakplaas team under Eugene de Kock broke into this house and later burnt it down. The 3rd Applicant was normally attached to Unit C2 but was recruited by De Kock for the purpose of this operation to assist 1st Applicant who was with Unit C1. The Vlakplaas team operated in conjunction with Eastern Transvaal Security Branch under command of one Labuschagne. After the Effesus House incident, they went to this house, directions having been given by Labuschagne. It belonged to this person who assisted the ANC and it was used as a safehouse. They travelled in 3 vehicles, parked outside with the headlights of the cars beaming on the house and ran towards the house. Shots were fired. 1st Applicant remembers that there was no-one in the house. 3rd Applicant's memory serves him that people ran from the house in the opposite direction to that where they were approaching from. No-one was found in the ho use. The house was searched and then set alight. Both Applicants were under the command of De Kock and neither of them entered the house. They entered South Africa illegally through the border fence.
The Committee is satisfied that the incident occurred within the context of the political conflict of the past that it was associated with a political objective as envisaged in the Act and that the Applicants made a full disclosure of all relevant facts. Both Applicants are GRANTED amnesty for this incident.
6. ATTACK ON THE HOME OF MK THAMI ZULU DURING 1988
The 3rd Applicant applied for amnesty for this incident. The victim's family was represented by Mr Ngobe. They did not oppose the application. The salient facts are that the 3rd Applicant participated in an operation of Vlakplaas under command of Eugene de Kock working with the Eastern Transvaal Branch under Labuschagne. The home of Muziwakhe Boniface Ngwenya, known also as MK Thami Zulu, was searched.
Thami Zulu was commander of the Natal Machinery of MK and operated from Swaziland. The main purpose of the search was to obtain documentation with information on MK activities. If Thami Zulu were at home that day, he would have been killed. The operation followed an extended period of observation. They entered the house. Zulu's wife was tied up and placed in the bath in the bathroom. The elderly woman and the children were locked into a room and the place searched. Valuable information was retrieved from photo-albums, files and literature found in the house, including information on MK members who had infiltrated the unit and personal notes kept by Zulu with names and contact numbers of various persons. No-one was injured.
In cross-examination by Mr Ngobe on behalf of Ms Mgade, the wife of Thami Zulu, and on questions put to him by the Evidence Leader, it emerged that according to Ms Mgade there was only one child in the house, a baby of 10 months old. The elderly lady, who took care of the baby, and the baby were tied and put into the bathroom and that she, Ms Mgade had escaped.
The Applicant persisted with his version but conceded that at some stage he had left the room and it might have happened after he had left.
Ms Mgade told the Committee that the elderly lady was the housekeeper, Eunice Themba and the child her daughter Lindiwe Ngwenya.
The discrepancies could be ascribed to different recollections and are not so material as to necessitate an adverse finding of fact against the Applicant.
The Committee is satisfied that this incident too falls within the ambit of the provisions of the Act and the 3rd Applicant is GRANTED amnesty for this incident.
The Committee is further of the opinion that Ms Mgadi, wife of Muziwakhe Bonaface Ngwenya, alias MK Thami Zulu, the housekeeper, Eunice Themba and the daughter Lindiwe Ngwenya are all victims as defined in the Act and their names are being referred to the Committee on Reparation and Rehabilitation for their consideration.
SIGNED AT CAPE TOWN THIS THE 20TH DAY OF FEBRUARY 2001
ACTING JUDGE D POTGIETER
ADV N SANDI
MR W MALAN
