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 had applied for amnesty in respect of a number of incidents all of which, bar the present matter, had already been finalised. Applicant's personal circumstances and his activities as a member of the Security Branch of the then South African Police are fully recorded in the previous matters and do not warrant repetition herein.
Applicant is unable to recall the exact date of the incident which forms the subject matter of the present decision. He does recall, however, that it occurred during the period when he was stationed at Zeerust which was during the period 1971 - 1986. He held the rank of Lieutenant at the time. On the day in question, Applicant was approached by Captain Dirk Coetzee who was in the company of other members of the Security Police. They informed Applicant that they were on their way to Gabarone in Botswana to execute a certain operation aimed at eliminating African National Congress ("ANC") members there. Applicant had to assist the group of operatives to enter Botswana. He and another colleague (now deceased) travelled to the Botswana border with the group who were to execute the operation. The latter group entered Botswana while Applicant and his colleagues remained at the border. They were later rejoined by the group that had gone into Botswana. According to Applicant's information, a woman was injured in the operation.
Having considered the matter, we are satisfied that the Applicant was acting within the course and scope of his duties as a member of the Security Police at the time. The incident clearly formed part of the cross-border operations launched by the South African Security Forces to counter the activities of the liberation movements, including the ANC, in the neighbouring countries. We are accordingly satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and amnesty is accordingly GRANTED to the Applicant in respect of all offences directly resulting from his conduct in having rendered assistance to a group of his colleagues to enter Botswana with the purpose of eliminating members of the ANC, during or about the period 1971 - 1986.
DATED AT CAPE TOWN THIS 31ST DAY OF MAY 2001
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