DECISION
This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 ("the act"). The Applicant applied for amnesty in respect of a number of incidents most of which had already been finalised mainly at public hearings of the Amnesty Committee. Applicant's personal circumstances and his activities as a member of the Security Branch of the then South African Police are fully canvassed in the previous proceedings and decisions of the Committee. The present incidents are dealt with in chambers and will be set out separately.
ATTACK ON THE COMMUNITY CENTRE, CAPE TOWN
This incident occurred according to Applicant during or about the period August - September 1987. He was instructed by his commander, Colonel Eugene De Kock, to participate in executing a plan to damage the Community Centre at Cape Town with explosives. Applicant was involved with the reconnaissance of the building prior to the attack and ensuring the safety of the perpetrators during the attack. An explosive device was caused to detonate at the back wall of the structure. It was a controlled explosion in order to ensure that no injuries or loss of life would result from the attack. Certain structural damage was caused to the building.
Having considered the matter, we are satisfied that the incident is directly associated with the past political conflict and that the attack constitutes an act associated with a political objective as envisaged in the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of malicious injury to property during or about August - September 1987 at the Community Centre, Cape Town and any further offence or delict related to the attack excluding any gross violations of human rights as defined in the Act.
FRAUDULENT CLAIMS
The incidents in question occurred during the period August 1981 - March 1993 when Applicant was stationed at Unit C - Vlakplaas. On the instructions of Applicant's superiors, he participated in the preparation and submission of false claims for compensation of informers. The purpose of this scheme was to covertly acquire funds for the activities of the Security Police unit stationed at Vlakplaas. Applicant is unable to furnish any further particulars in regard to the individual claims. It is clear, however, that Applicant never benefited personally from any of the funds that were acquired and that to the best of his knowledge there were no irregularities in regard to the application of the funds.
Having considered the matter, we are satisfied that Applicant acted in the course and scope of his employment as a member of the then Security Police on the orders of his superiors. The conduct in question was directly associated with the past political conflict and as such constitutes acts associated with a political objective as envisaged in the Act.
In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from the submission of fraudulent claims for compensation for informers during or about the period August 1981 - March 1993 when Applicant was a member of the Security Police unit stationed at Vlakplaas.
HOUSEBREAKING IN RESPECT OF THE GROSSKOPF PROPERTIES
These incidents occurred during or about 1987 at Stellenbosch and Rooi Els in the Western Cape. On the orders of Applicant's commander, Colonel Eugene de Kock, he was a party to breaking into the properties of the parents of Hein Grosskopf, an African National Congress operative, situated at Stellenbosch and Rooi Els. Hein Grosskopf was a fugitive from justice at the time and was suspected by the Security Police of having perpetrated a number of attacks inside South Africa. The burglaries were undertaken in an attempt to obtain information that could be utilised to arrest Mr Grosskopf or to disrupt his political activities. No information of any note was obtained in the course of the burglaries nor was any one injured in the course thereof.
Having considered the matter, we are satisfied that the incidents in question are directly associated with the then political conflict and as such constitute acts associated with a political objective as envisaged in the Act.
Amnesty is accordingly GRANTED to the Applicant in respect of housebreaking committed during or about 1987 at the Grosskopf properties situated at Stellenbosch and Rooi Els respectively.
DATED AT CAPE TOWN THIS 24TH DAY OF MAY 2001
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