DECISION
The Applicant previously appeared at an extensive public hearing where two of the incidents in respect whereof he is seeking amnesty, were considered. The remaining incidents are now being dealt with in chambers.
Applicant's relevant background and circumstances were fully canvassed in the course of the public hearing. For present purposes, it suffices to point out that the Applicant was at all material times a highly motivated member of the Security Branch of the former South African Police where he held the rank of Captain until his retirement in 1993. He is a well-qualified university graduate who had developed special expertise in the area of strategic communications or Stratcom as it was referred to in the Security Branch ranks. Applicant eventually held a senior position within the National Stratcom Division of the Security Police. In this capacity, he became involved in numerous projects or operations aimed at disrupting the activities of the political opponents of the then National Party government through disinformation, propaganda and other so-called "dirty-tricks". The specific incidents for which amnesty is sought will be set out individually.
OPERATIONS AT WITS
These incidents occurred during the period 1982 - 1986 at the University of the Witwatersrand in Johannesburg. The Stratcom activities engaged in included defacing walls with graffiti intended to marginalise or divide leftist groups and the distribution of pamphlets sowing disinformation and discrediting individuals and groups with a view to disrupting the activities of activists and leftist organisations on the campus. This led to physical confrontations between opposing student organisations on the campus.
Applicant accordingly applies for amnesty in respect of all delicts and offences arising directly from these activities, including malicious damage to property, crimen injuria, intimidation and defamation.
ARSON AT THE MEDIA RESOURCES CENTRE, WITS
This incident occurred during 1984 on the campus of the University of the Witwatersrand in Johannesburg when the new students union building was set alight by Applicant and a number of his colleagues in the Security Branch. The targets of the attack were the Media Resources Centre and other leftist organisations housed in the building. The entire building was gutted in fire.
Applicant is applying for amnesty in respect of all offences arising from the incident including arson and malicious injury to property.
DAMAGE TO PROPERTY OF ACTIVISTS
These incidents occurred during the period 1982 - 1994 in the Witwatersrand area. The targets of these attacks were left-wing activists, the United Democratic Front ("UDF") personnel and leaders as well as persons regarded as playing a leading role in the political struggle against the then government. Applicant furnished the following particulars in regard to these attacks in his written amnesty application :
"Stones and bricks were thrown through residences, offices, vehicle windows belonging to, or used by, political activists. Ball-bearings and other projectiles were also shot with catapults."
Examples of individuals : Rev Rob Robertson in Mayfair and Rev Beyers Naude in Greenside. Disturbed protesters at the Coloured/Indian elections. An example of an organisation was the UDF offices at Khotso House. I was involved directly in this type of activity in the Witwatersrand area during 1982 - 1986."
Applicant is applying for amnesty in respect of all offences and delicts arising from these incidents including malicious damage to property.
ILLEGAL RECORDINGS OF CONVERSATIONS
These incidents occurred during the period 1982 - 1986 in Johannesburg. Applicant furnished the following particulars concerning these incidents in his written amnesty application :
"Without proper authorization listened to conversations of target people such as Allan Boesak, Dr Nthato Motlana, Bishop Desmond Tutu, Halton Cheadle, etc. ... I was involved directly in this activity throughout my duties at Johannesburg Security Branch during 1982 - 1986."
Applicant applies for amnesty in respect of all delicts and offences arising from these incidents including invasion of privacy and crimen injuria.
THEFT OF TAPE OF GWENDOLYN CARTER
This incident occurred during or about 1982 at Johannesburg. Applicant furnished the following particulars in regard to the incident which was directed against Ms Gwendolyn Carter referred to as a profile writer on Southern African politics who was not sympathetic towards the then government :
"Broke into the hotel room of Ms Gwendolyn Carter whilst she was staying in the President Hotel in Johannesburg and stole her tape recorded conversations with activists from around Southern Africa."
Applicant applies for amnesty in respect of all delicts and offences arising from the incident including theft.
DISTRIBUTION OF PAMPHLETS
These incidents happened during or about 1984 in Johannesburg. Applicant furnished the following particulars in respect of the incidents which were aimed at defaming and attacking the dignity of UDF leaders :
"Distributed ... a series of three fake UDF pamphlets in central Johannesburg. The pamphlets attracted much media attention and on the 3rd day journalists and photographers from the Rand Daily Mail caught us paying the casual labourers we had hired to hand the pamphlets out. The pamphlets were printed at the Security Head Quarters Printing Press."
The UDF intended civil action but did not get far. This activity took place around 1984."
Applicant applies for amnesty in respect of all delicts and offences arising from the incident, including defamation.
STICKERS - CRIMEN INJURIA
These incidents happened during the period 1983 - 1985 in Johannesburg. Applicant furnished the following particulars in regard to the incidents in his written amnesty application:
"Pasted stickers in prominent places such as shop windows and on vehicle windows. These stickers had slogans on such as "End conscription - Issued by the ECC" or "Release Mandela - issued by the RMC", they would be placed on objects calculated to anger or irritate, thus making the public annoyed with the relevant organisations. We would follow up with telephone calls and letters to the press from "angry driver" or "shoppers". These activities took place around 1984 - 1985. The stickers were printed by Security Head Quarters Printing Press."
Applicant applies for amnesty in respect of all delicts arising from the incidents, including malicious injury to property and crimen injuria.
INTIMIDATION
These incidents happened during or about the period 1984 - 1985 at Yeoville, Johannesburg and were aimed at journalist, Mr Anton Harber. Applicant furnished the following particulars in regard to the incidents in his written amnesty application :
"Intimidated a leftist journalist, Mr Anton Harber. From Human and Technical resources we received information that he was on the verge of a nervous breakdown. One evening I hung a dead black cat on one of the doors at his residence. Shots from a shotgun were fired into the cat as a symbolic gesture. This was around 1984/5."
Applicant applies for amnesty in respect of all delicts and offences arising from the incidents, including intimidation.
DISRUPTION OF PROTEST GATHERINGS
These incidents occurred during the period 1982 - 1986 at the campus of the University of the Witwatersrand in Johannesburg, the Johannesburg City Hall, the Central Methodist Church in Johannesburg and in streets surrounding Khotso House in Johannesburg. The objective was to disrupt protest gatherings held at the venues in question. Applicant furnished the following particulars in regard to the incidents in his written amnesty application :
"Teargas and stink-bombs were deployed at political gatherings to disrupt the proceedings. Technical equipment would also be interfered with. This type of activity occurred quite frequently during the period 1982 - 1986 whilst I was in Johannesburg Security Branch."
Applicant applies for amnesty in respect of all delicts and offences arising from the incidents, including assault.
DISRUPTION OF ONE MILLION SIGNATURE CAMPAIGN
These incidents happened during or about 1985 in the Johannesburg city centre. Applicant furnished the following particulars in regard to these incidents in his written application:
"Disrupted the UDF's "One Million Signature" campaign for the release of Nelson Mandela as follows : Uniform police were deployed at or nearby signature collection points to discourage the public from signing. The organisers (Chief organiser on the main day was Dave Webster) were followed around and harassed by the Security Branch. Vigilantes were arranged by me to snatch the clipboards with the signature lists later in the day. One of the collectors resisted (a Mr Brendan Barry) when his forms were snatched. As a result his jaw was broken... This was around 1985."
Applicant applies for amnesty in respect of all delicts and offences arising from the incidents, including intimidation, theft, assault and crimen injuria.
THEFT OF DOCUMENTS
These incidents occurred during the period 1982 - 1986 in Johannesburg. Applicant furnished the following particulars in regard to these incidents in his written amnesty application :
"1. On a few occasions during 1982 - 1986 I used the master key to Wits University, supplied by a source, to enter the administration building and steal the student and staff lists. These were needed in order to monitor individuals. A number of our suspects were either lecturing or studying at Wits.
2. One evening during about 1985 myself, ... and another member went to search a commune in Hillbrow area which houses a group of ECC activists. As nobody was home and the back door was unlocked we searched through the house and took a number of personal documents.
3. One evening in around 1985 myself, ... and another member broke into a community media office in Braamfontein. We left with some documents and some stationary. Such stationary would be used generally for two purposes :
(1) because it was needed at the office of safe-houses etc., and
(ii) To use the letterheads to obtain information, to sow dissent or to give letters of accreditation to sources, etc."
Applicant applies for amnesty in respect of all delicts and offences arising from the incidents, including theft, housebreaking, trespassing and malicious injury to property.
BURNING OF LAWYER'S VEHICLE
This incident occurred during or about 1985 at Johannesburg. Applicant furnished the following particulars in regard to the incident in his written amnesty application :
"One evening during approximately 1985 ... and I set fire to a left-wing lawyer's vehicle in Yeoville. He had been harassing the Security Branch and rumour had it that his new car was not insured. We took the view that if he had to spend more time on his personal problems he would not be in a position to do so much voluntary legal work for the opposition. ... Captain Oosthuizen had made the request. We doused the vehicle with petrol and burned it out. I cannot recall the lawyer's name."
Applicant is unable to recall the identity of the victim and applies for amnesty in respect of all delicts and offences arising from the incident including malicious injury to property.
PETROL BOMB ATTACK
This incident occurred during or about 1985 at Johannesburg. Applicant furnished the following particulars in regard to the incident in his written amnesty application :
"Threw petrol bombs during approximately 1985 at the residence of Sathasavian Cooper at the Frankenwald grounds of Wits University. Apparently no serious damage occurred. ... We made the petrol bombs at my house."
No injuries resulted from the incident and only some minor damage was caused to furniture and paint and one window was broken.
Applicant applies for amnesty in respect of all delicts and offences arising from the incident, including arson and malicious injury to property.
DAMAGE TO PROPERTY OF ACTIVISTS
These incidents occurred during the period 1982 - 1986 in the Witwatersrand area. The targets were members of anti-government organisations such as the UDF, Young Christian Students, End Conscription Campaign and National Union of South African Students ("NUSAS"). Applicant furnished the following particulars in regard to the incidents in his written applications :
"Slashed tyres and loosened the wheel nuts of activists' vehicles whilst they attended meetings. Some of the activists got discouraged, others developed a more hardened attitude. ... I was involved in this type of activity during 1983 - 1986 whilst I was in Johannesburg. In some instances we did the same to sources and agents to improve their credibility."
Applicant applies for amnesty in respect of all delicts and offences arising from the incidents, including malicious damage to property.
DISCREDITING THE OPPOSITION
These incidents occurred during the period 1986 - 1992 throughout the country. This formed part of various Stratcom projects aimed at discrediting organisations opposed to the then government by means of propaganda campaigns. The organisations targeted included the UDF, the African National Congress, the Pan Africanist Congress, NUSAS, the Congress of South African Students, the Congress of South African Trade Unions. Applicant furnished the following particulars in regard to the incidents in his written amnesty application :
"Stratcom projects were run by me on a national basis during 1986 - 1988, during which time I discredited the opposition (to a greater or lesser extent). At the very least disinformation was spread.
Assistance to a military intelligence operation. During 1987 - 1992 I assisted Major Craig Williamson and Captain Louis van Niekerk with operation "Longreach"."
Applicant applies for amnesty in respect of all delicts and offences arising from the incidents, including crimen injuria.
BLACKMAIL OF JOURNALIST
The incidents in question occurred during the period 1984 - 1986 at Johannesburg. The target of the operation was a former journalist who subsequently held a senior position within the South African Council of Churches. Applicant furnished the following particulars in regard to the operation :
"Blackmail was used for recruitment attempts.
Journalists were recruited under a false flag. The receipts signed for payments were altered to read "Services rendered to the Security Branch." On the one hand I threatened to expose them, if they did not provide better information and on the other hand promised them more money and safety if they did so.
We received information that a senior black member of the S.A. Council of Churches had an affair outside wedlock whilst he was in Namibia. A child was born which had the same birthmark as this man (the father). Myself .... put pressure on him with a view to recruitment. The first phase went well (i.e. the "Little Hook"). He agreed to a payment of R1 000.00 in exchange for the photographs etc. which the "Detectives from SWA" had about him and the affair. He paid the R1 000.00 so we knew we had him. Unfortunately when we put pressure on him to give information he panicked and opted out of the "struggle". Most of the money went towards the end of the year function for the Johannesburg Security Branch. The rest went to the "Schlenter Fund".
Applicant applies for amnesty in respect of all delicts and offences arising from the incident, including blackmail.
Having considered the matter, we are satisfied that the Applicant has made a full disclosure of all relevant facts in regard to the incidents referred to above. We are moreover satisfied that the incidents formed part of the official Stratcom operations of the Security Branch at the time. The incidents accordingly constitute acts associated with a political objective as envisaged in the Act. We are furthermore satisfied that the application in respect of the above incidents complies with all of the other requirements of the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all delicts and offences directly arising from the incidents as listed above.
In view of the conclusion reached in regard to the following incidents, they are dealt with separately :
RECONNAISSANCE
These incidents occurred during the period 1982 - 1994 at Johannesburg. Applicant furnished the following particulars in regard to the incidents in his written amnesty application :
"Reconnaissance work was done on the following places during 1985 - 1986 by myself, ... and the Johannesburg Surveillance Unit, with a view to the actions mentioned in 9(a)(i). Each unit was also asked to provide the names of high profile suspects that needed to be neutralized.
South African Student Press Union
Environment Development Agency
Legal Resources Centre
Cosatu House
Khotso House
Certain individuals
The objective was to place the Security Branch in a position to act urgently when required to either burglarise, bug or destroy the places. There were other places on the list as well. I ran the "Church" staff at the time so would have considered individuals involved in liberation theology, as well as anti-conscription and detainee support groups."
ACCESSORY AFTER THE FACT
The incidents forming the subject-matter of this part of the amnesty application apparently occurred during the period 1979 - 1994. Applicant lists a number of incidents, including the killing of high-profile anti-government political activists at the time, in respect whereof the South African Police played some or other illegal role. It is clear from the application that Applicant was not personally involved in any of the incidents in question and had at best received some hearsay information in regard thereto.
Having carefully considered the two incidents referred to above, we are satisfied that the application does not disclose any offence or delict on the part of the Applicant in respect thereof. In the circumstances the application in respect of these incidents does not comply with the requirements of the Act and amnesty is accordingly REFUSED.
In our opinion the persons who suffered loss as a result of the incidents in respect whereof amnesty is hereby granted, are victims and where practicable they are referred for consideration in terms of Section 22 of the Act.
DATED AT CAPE TOWN THIS 22ND DAY OF MAY 2001
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