DECISION
The Applicant applied for amnesty for a number of incidents, some of which were dealt with at hearings. The remaining incidents do not constitute any gross violations of human rights and are accordingly dealt with in chambers. The Applicant was at all material times a member of the Security Branch of the South African Police attached to the Vlakplaas Unit under the command of Colonel Eugene de Kock. The outstanding incidents for which amnesty is being applied for largely corresponds with the application of DL Snyman, AM3766/96. On account of his ill-health, the Applicant has not been able to furnish full details of all the last-mentioned incidents and where appropriate regard has been had to Snyman's application in order to gain a fuller
picture. The Committee is satisfied that the Applicant is in the same position as Snyman in respect of these incidents, fully discussed in a separate decision.
The incidents relate to:
1. The supply of SAM-7 missiles to Ciskei during the period 1990-1991.
2. Creating arms caches in the Northern Transvaal Security Branch and aiding and abetting the commission of fraud during the period 1990-1992.
3. Supply of weapons to the Inkatha Freedom Party during the period 1990-1992.
4. The manufacture of "funny rounds" of ammunition.
5. Transporting arms from Namibia to South Africa.
6. Establishing a private arms cache.
In addition to the above the Applicant also applies for amnesty in respect of the following:
1. The unlawful military training of members of the Inkatha Freedom Party in KwaZulu Natl during or about 1993.
2. The supply of weapons to one Phillip Powell who was involved in the unlawful training of members of the Inkatha Freedom Party in KwaZulu Natal.
3. The explosion of landmines on an unknown date at an unknown location.
4. The explosion of landmines on an unknown date at an unknown location.
4. Supplying of ammunition to other units.
5. The theft of an unidentified BMW motor car on an unknown date.
6. The packaging of explosives into an unidentified kombi motor vehicle on an unknown date.
7. Malicious injury to property by damaging two unidentified "Untag" vehicles with so-called "funny ghries" in order to damage the engines.
8. The destruction of explosives from Ovamboland at Paardefontein near Pretoria on an unknown date and the destruction by explosives of an unidentified blue Toyota motor vehicle.
INCIDENT ONE: The unlawful military training of members of the Inkatha Freedom Party in KwaZulu Natal during or about 1993
At the time of this incident the Applicant was no longer in the employ of the South African Police and under no obligation to accede to a request from De Kock his former commander to assist with the training of members of Inkatha. In addition, the Applicant was paid for his services by one Phillip Powell who seems to have been in charge of the training. The Applicant has clearly participated in this exercise for personal gain and is accordingly not entitled to amnesty in respect of this incident.
INCIDENT 2: The supply of weapons to Phillip Powell
The Applicant was requested by his former commander, De Kock, to assist in the delivery of arms obtained from one Joe Verster, to Phillip Powell in KwaZulu Natal. At the time the Applicant had already been discharged from the South African Police. There is
no indication in the Applicant's application that he was a member or supporter of the Inkatha Freedom Party and the probabilities are all in favour of the conclusion that the Applicant was acting out of past loyalties to De Kock personally. Amnesty can therefore not be granted in this instance for lack of political objective as required by the Act.
INCIDENT THREE: The explosion of landmines on an unknown date in the Daveyton/Benoni area
The Applicant states that he was involved in the setting off of two landmines in the bushes near Daveyton/Benoni on an unknown date but that he is unable to recall why this was done. The Committee is unable to make a finding of a political objective on the facts furnished in regard to this incident.
INCIDENT FOUR: The supplying of ammunition to other units of the Security Branch
The information furnished in respect of this incident contains no indication whatsoever that any unlawful conduct was involved and lacks particularity. No offence is disclosed for which amnesty can be granted.
INCIDENT FIVE: The "theft" of an unidentified BMW motor vehicle on an unknown date in Johannesburg
The Applicant received an order from his commander Eugene de Kock to remove a vehicle parked in front of a hotel in Johannesburg and to "take" it. De Kock handed him the key to the vehicle. Some day or two later De Kock instructed him to take the vehicle to the so-called "Grasdakhuis" in Pretoria what the Applicant duly did. He does not know what had become of the vehicle. Once again the Committee finds that the information furnished does not constitute an offence associated with a political objective as envisaged by the Act and for which amnesty can be granted.
INCIDENT SIX: The packaging of explosives into an unidentified kombi vehicle on an unknown date
As in the matters set out in the incidents three, four and five above, the information furnished in the application lacks particularity to such an extent that the Committee is unable to find that the Applicant committed an act associated with a political objective as envisaged in the Act.
INCIDENT 7: Malicious injury to property by damaging two unidentified Untag vehicles with so-called "funny ghries" in order to cause damage to the engines
The Applicant was clearly involved in the commission of an unlawful act upon the orders of his commander. The Committee is satisfied that in respect of this incident the Applicant has complied with the formal requirements of the Act, that the acts were associated with a political objective as envisaged in the Act and that he has made a full disclosure of all relevant facts.
INCIDENT EIGHT: The destruction of explosives from Ovamboland at Paardefontein near Pretoria and of an unidentified blue Toyota motor vehicle on an unknown date upon the orders of Colonel Eugene de Kock
Although the information furnished with regard to this incident is also very sketchy, it is clear that the destruction of a motor vehicle with explosives must have occurred to the Applicant as having been an unlawful act. Furthermore he acted on the orders of his commander and did not question the reason for that order, nor was he expected to do so. The Committee is accordingly satisfied, having regard to the role and function of both De Kock
and the Applicant in the Security Branch while they were station at Vlakplaas, that this was an act associated with a political objective as envisaged by the Act. Prima facie, the destruction of the explosives cannot however be said to have been carried out unlawfully and no sufficient particulars have been furnished to enable the Committee to find that this was an act associated with a political objective.
After perusal of all the relevant documentation on the file of the Applicant together with the applications submitted by Snyman which also involves the present Applicant, the Committee is satisfied that, with the exception of incidents three and five of those incidents, all the other acts committed by the Applicant were acts associated with a political objective as envisaged by the Act and that the Applicant has made a full disclosure of all the relevant facts.
Accordingly, amnesty is GRANTED to the Applicant in respect of all offences and delicts directly associated with or resulting from:
1. Malicious injury to two unidentified vehicles of Untag on an unidentified date by damaging the engines of the said vehicles by using so-called "funny ghries";
2. The destruction of an unidentified Toyota motor car at or near Pretoria on an unknown date during the period that the Applicant was stationed at Vlakplaas, Pretoria;
3. The supply of arms to the Ciskeian Defence Force during or about the period 1990-1991;
4. The creation of unlawful arms caches at or near Cullinan and Vlakplaas during or about 1990-1992;
5. The provision of arms other than pipe guns and home-made shot guns to the Inkatha Freedom Party during or about 1989;
6. The manufacture of "funny rounds" of ammunition during or about the period 1990-1992;
7. The establishment of an unlawful arms cache at Applicant's home situated at Kilner Park, Pretoria during or about 1990.
Amnesty is REFUSED in respect of:
1. The unlawful military training of members of the Inkatha Freedom Party in or near KwaZulu Natal during the period following the discharge of the Applicant from the South african Police;
2. The supply of arms to Phillip Powell for the training of members of the Inkatha Freedom Party in or near KwaZulu Natal during the period following the discharge of the Applicant from the South African Police service;
3. The explosion of landmines on an unknown date at an unknown location;
4. The supplying of ammunition stored at Vlakplaas to other units of the South African Police during the period that the Applicant was stationed at Vlakplaas;
5. The "theft" of an unidentified BMW motor vehicle in or near Johannesburg on an unknown date;
6. The participation of the Applicant in packing explosives in an unidentified kombi vehicle on an unknown date;
7. The destruction of explosives obtained from Namibia at Paardefontein at or near Pretoria on an unknown date;
8. The unlawful training of members of the Ciskei Defence Force in the handling of weapons unlawfully provided to them during or about the period 1990-1991;
9. The manufacture and supply of pipe guns and home-made shotguns to the Inkatha Freedom Party during or about 1989;
10. The transportation of firearms from Namibia to Vlakplaas during or about 1989.
SIGNED AT CAPE TOWN ON THIS THE 29TH DAY OF MAY 2001
JUDGE A WILSON
ADV F BOSMAN
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