DECISION
The Applicant applied for amnesty in respect of several incidents. His application was heard and a decision, AC99/0029, was handed down.
The Committee dealt with the incident known as the PEBCO 3 under Schedule 8 of that decision and stated:
"A decision in this matter will be given as soon as the decisions relating to other Applicants involved in this incident, are finalised."
The Committee will first deal with the Applicants evidence at the hearing in Pretoria and will thereafter deal with evidence given at the later hearing in Port Elizabeth.
It should be noted that the Applicant is not asking amnesty in respect of the killing of the so-called PEBCO 3, Messrs Sipho Charles Hashe, Qaqawuli Godolozi and Champion Galela. He is only asking amnesty in respect of the kidnapping of the three on 8 May 1985 at the airport at Port Elizabeth.
Whether the Applicant's involvement in the kidnapping of the deceased on 8 May 1985 and their subsequent killing by other members of the Security Police on the 9th or 10th of May was in fact one continuous operation or not would depend largely on the evidence of what transpired over the relevant period. It should also be kept in mind that it is expected of Applicants to be frank and honest about their actions. They should not withhold important information pertaining to their actions and the actions of others in the planning and execution of acts or omissions forming part of the subject matter of the incident under consideration.
At the hearing of his application in Pretoria, Venter testified that the Security Police in Port Elizabeth requested assistance from Vlakplaas to identify and trace MK operatives and ANC activists in the Port Elizabeth area. The askaris (former MK members who were now working for the Police) would have been of great assistance in this regard because they knew their former colleagues and could identify them.
The Applicant, Gert Beeslaar, Joe Mamasela, Johannes Koole, Peter Mogoai and Peggy Radebe were sent to Port Elizabeth. The Applicant was the commander of this group which will be referred to as the Vlakplaas group. While they operated in Port Elizabeth, Applicant fell under the command of Port Elizabeth Security Branch, headed by commanding officer Snyman.
According to Venter he received instructions from Snyman to assist with the kidnapping of three leading activists. The reason for the involvement of the Vlakplaas members was that they were unknown in the area and would not be easily recognised by members of the public, should they be seen while involved in the kidnapping.
The askaris drove tot he airport in a kombi followed by Applicant and a member of the Security Branch at Port Elizabeth in another car. The Applicant had radio contact with members of the Port Elizabeth branch and was informed of the movements of the three activists. Moments after the activists arrived at the airport they were kidnapped and put into the kombi. After a meeting with members of the Port Elizabeth branch at a venue near the airport, the askaris were ordered to keep the activists captive in the kombi and to follow Van Zyl to Cradock.
The askaris, according to Venter, had to assist in the interrogation of the activists which was scheduled to take place at Post Chalmers, a desolated police station, near Cradock which was used by the Security Branch. The Applicant further stated that he and Beeslaar returned to Glen Connor where they were staying while working in Port Elizabeth. He said that it was arranged that they would follow a day or two later to pick up the askaris.
He further testified that they indeed followed a day or two later and asked Major Winter, the station commander at Cradock to show them the way to Post Chalmers. This was denied by Winter and the Applicant conceded that he had made a mistake and that it was an ordinary member of the police, stationed at Cradock, who assisted them. According to him they arrived at the old police station where he saw the three activists. They were blindfolded, their faces were covered and he did not see any indication that they were assaulted.
They had a braai and enjoyed drinks. The Applicant and Beeslaar went back to Glen Connor later the same evening and they were joined by the askaris later that evening or early the next morning.
He stated that he was not involved in any assaults on the three or in their interrogation. After he learnt that their bakkie had been destroyed, he realised that they would probably be eliminated. This was, however, not mentioned to him or the askaris. He accepted that they would be assaulted during interrogation because that was what normally happened.
The Applicant was represented at the Port Elizabeth hearing of the amnesty applications of the other Applicants involved in the kidnapping, assaults and murder of the activists. His evidence was contradicted in various aspects. Mogoai, Koole and Mamasela said that Applicant and Beeslaar followed them to Post Chalmers. They, stated that he was present when the assaults took place and must have seen it. They also stated that they slept two nights at Post Chalmers before returning to Glen Connor and thereafter to Pretoria.
The evidence of the other Applicants has been fully dealt with in decision AC/99/0223. This Committee took cognisance of the contradictory evidence.
Having considered the evidence given by the Applicant and the facts mentioned in decision AC/99/0223 the Committee is not satisfied that the Applicant has made a full disclosure of all the relevant facts.
In the result amnesty is REFUSED to the Applicant in respect of any offence or delict directly linked to the kidnapping of Sipho Charles Hashe, Qaqawuli Godolozi and Champion Galela in the Eastern Cape on 8 May 1985.
SIGNED AT CAPE TOWN ON THIS THE 3RD DAY OF APRIL 2001
JUDGE A WILSON
JUDGE S KHAMPEPE
ACTING JUDGE C DE JAGER
??
2
/...
