DECISION
The Applicant applied for amnesty in respect of a number of incidents which had been dealt with at public hearings where his background and personal circumstances were fully canvassed. The remaining incidents in respect whereof amnesty is being sought are dealt with in chambers and wil be set out separately in this decision.
At all material times, Applicant was a Lieutenant in the Intelligence Division of the Security Police stationed at Security Headquarters in Pretoria. In the course and scope of his employment and in the execution of orders received from his superiors, Applicant participated in the incidents set out below.
INVESTIGATIONS CONCERNING MATTHEW GONIWE (INCIDENT 1)
Applicant testified about his incident as a witness at the amnesty application into what has become known as the Cradock 4 incident. His testimony basically coincided with the contents of his written amnesty application dealing with this incident. The relevant circumstances were that Applicant was approached during 1984 by his superior Major Craig Williamson and ordered to investigate the possibility to eliminate Mr Matthew Goniwe in Cradock. In execution of this order Applicant proceeded to the Eastern Cape and eventually visited Cradock on 21 March 1984. With the assistance of members of the local Security Police in Cradock, he visited the home of Mr Goniwe on some other pretext but in reality to see how Mr Goniwe could be killed and specifically whether this would be possible in his house. After the visit, Applicant eventually returned to Pretoria and reported back to Major Williamson. Applicant's recommendation was that Mr Goniwe could not be eliminated at his home, due to the fact that there were too many people present in the immediate vicinity. He recommended that Mr Goniwe should be followed and should be eliminated along the road or at some place other than his home. In Applicant's view, Major Williamson received his orders from their superiors within the Security Branch.
Having considered the matter, we are satisfied that Applicant acted in execution of the orders of his superior officer and within the course and scope of his employment. It is, moreover, clear that the investigation was directly associated with the political conflict involving the then government and the liberation movements of which Mr Goniwe was a prominent member. In the circumstances we are satisfied that the application complies with all of the requirements of the Promotion of National Unity and Reconciliation Act, No. 23 of 1995 and amnesty is accordingly GRANTED to the Applicant in respect of all offences arising from the investigations referred to above, including conspiracy to murder.
INVESTIGATION INTO LANDMINE EXPLOSION (INCIDENT 2)
This incident occurred during or about 1986 or 1987. Applicant was telephoned by a member of the Bophutatswana police and informed that a landmine explosion had occurred and that Applicant's assistance was needed in regard thereto. Applicant and a colleague proceeded to the scene of the explosion where they conducted an investigation which disclosed that it was a limpet mine and not a landmine that had exploded. After the completion of their investigation on the scene, they returned to their office and filed a report. Applicant was subsequently chastised by his commander for having visited the scene of the explosion and disclosing that the explosion was actually caused by a limpet mine. Applicant heard nothing further in regard to the report, but later learnt that the victim of the explosion was a person who was in the custody of the police and whose body was disposed of by means of the explosion.
Having considered the matter, it is clear that the application discloses no offence in regard to this incident. In the circumstances the application is REFUSED.
DATED AT CAPE TOWN ON THIS 17TH DAY OF MAY 2001
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