DECISION
The Applicant makes application in terms of the Promotion of National Unity and Reconciliation Act No 34 of 1995 as amended (the Act) for amnesty in respect of six (6) counts of murder, unlawful dealing in firearms, ammunition, dealing in explosives and dealing in drugs.
The Applicant became an agent for Eugene Riley. Both of them were members of the South African Police, the Applicant being an ordinary detective. Riley was a member of the Security Police. This occurred during the period 1989 to 1990. Riley who is now deceased, was a member of the Civil Co-operation Bureau (CCB), a government approved institution established to assist in covert security operations.
The Applicant purchased firearms, ammunition and explosives for Riley. He also stole some form Jeppe Street Police Station. He was informed that this was to be done on instruction from higher command, specifically Mr Joe Verster, known to have been in the hierarchy of the CCB.
The Applicant knew that these arms and explosives were likely to be provided to the Inkatha Freedom Party (IFP) to continue unlawful activities. In addition he provided drugs to Riley for the purposes, as he thought, to pay off drug dealers in return for information.
The Applicant stated that he was trained to think that the country and its people were under thereat and that is why he heeded to Riley's requests for the aforementioned items. He was however paid various amounts of money for his efforts in this regard. At some time the Applicant met an acquaintance, Dirk Wilken, who questioned the Applicant's relationship with Riley. On more than two occasions Wilken indicated to the Applicant he should stop having dealings with Riley as the Applicant could get killed as a result. On two occasions the Applicant was shot at. Once while in his car and another when he was in bed. He suspected it to be Wilken who he later found out to have left the country.
Approximately six months after the first meeting when Riley was discussed, Wilken met the Applicant at the place of employment of the Applicant's wife who was a long time friend of Wilken. She had been warned by the Applicant to stop seeing Wilken. In addition the Applicant did not trust his wife. He stated that on that occasion, Wilken told him that he was "as good as dead." Wilken then got into his motor vehicle and bent down in it. The Applicant then thought that Wilken was going to produce a firearm and shoot at him. Before that could happen, the Applicant then himself produced a firearm and shot at Wilken who died as a result.
During 1988, the Applicant and Riley together with others embarked on throwing black commuters from the trains in the Gauteng area. It was explained to him by Riley that the exercise was to fuel tensions between the members of the IFP and the African National Congress (ANC). The Applicant was regarded as the person who could best advise as to the most appropriate place where people could be flung off trains. They all put on disguises with their faces covered with balaclavas and their hands in gloves. Their faces were darkened. They did this on different occasions and all in all there were five such victims flung from the trains.
As with the case of providing weapons the Applicant's motive for participating in this exercise of throwing black people from trains was designed to fuel black-on-black violence. This he explained was part of the political strategy of the protectors of apartheid.
During this activity with Riley, the Applicant attended the scene of the murder of David Webster soon after the actual murder. His intention at the time was to remove any leads from the scene. He did remove the plastic cap of a bullet used in a shotgun. He stated that he did not know that Webster was to be targeted beforehand. He could not explain why he then removed evidence from the scene if he did not know at the time that anything was going to happen to Webster and consequently who was responsible for his death. He conceded that he was paid a sum of money to "forget what he had seen and what had happened" in relation to the Webster killing. He remained silent thereafter.
In respect of the applications relating to dealing with arms, ammunition, explosives and drugs and his actions at the scene of the Webster murder, the Applicant received payment for his efforts in respect thereof. He committed these offences for personal gain. In the circumstances, amnesty is REFUSED in all these instances.
In respect of the murder of Wilken, the Applicant committed the murder to protect himself and perhaps even Riley. Clearly in the circumstances the crime was not committed for political reasons and not to advance the political policy of any political group operating in South Africa. In the result the application for amnesty for the murder of Wilken is REFUSED.
In respect of the applications for amnesty for five murders of people who were pushed from a moving train, the Committee is satisfied that the formalities of the Act have been complied with. It is further satisfied that these murders were committed for political reasons to fuel black-on-black violence and that the Applicant had made full disclosure in respect thereof. In the result, amnesty for delicts related to and the murders of five unidentified persons flung from moving trains, is GRANTED.
The five (5) unidentified persons are in the opinion of the Committee, victims as envisaged by the Act and these issues are referred to the Committee for Reparation and Rehabilitation for appropriate attention.
SIGNED AT CAPE TOWN THIS THE 29TH DAY OF MARCH 2001
JUDGE R PILLAY
ADV F BOSMAN
MR JB SIBANYONI
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