DECISION
The applicant has made application for several incidents. However this Committee will only deal with two (2) incidents namely:-
1. Conspiracy to murder one Meschack Nhlapo who was an uMkhonto weSizwe (MK) member. His MK names was Eden Mhlambo.
2. Various assaults on residents of Alexandra Township near Johannesburg whose names and details are unknown to the applicant.
1st INCIDENT
At the time of the first incident the applicant was a member of the Security Branch Police, stationed at Alexandra. His commanding officer was Captain Britz. Alexandra township was a very volatile place. There was a conflict between the ANC and the IFP. The Zulu men's hostel was constantly being attacked by the MK, the ANC's military wing.
The IFP was perceived favourably by the Nationalist Party government against the ANC. The aim of the Security Branch Police was to fan the violence between the IFP and the ANC. Thus the police did not seek to keep the peace between the parties but instead promoted an adverse atmosphere in the area that resulted in lawlessness in order to ameliorate the position of the Nationalist government during the negotiations.
The applicant also had to recruit and handle informers. He recruited a member of uMkhonto weSizwe (MK), a certain Constain Phineas Musi. His MK name was Louis Maime, his code number 9797 and he worked for the Security Branch as an informer. From this informer as well as other informers applicant constantly received information about the victim Meschack Nhlapo (aka Eden Mhlambo).
The information was that Meschack was pivotal in the violence in Alexandra; that he was a trained technician who received training overseas; that he was also in possession of handgrenades and was always heavily armed and brought in large quantities of weapons through Ramathlabane border gate near Botswana. This information was written down in a secret document which was given to the Security Branch at John Vorster Square. Captain Britz, the applicant's commanding officer was also aware of this information.
The primary objective of the Security Branch was to arrest Meschack and then try to turn him into an informer. The applicant received information that Meschack was at a particular shebeen. He and his colleagues went to arrest him there and he was taken to the Security Branch offices.
At the offices the Security Branch tried to turn Meschack into an informer. Sergeant Roux told applicant and Warrant Officer Wessels that Meschack had agreed to work as an informer. Meschack was paid R500.00, which was the recruitment fee. A few days later after Meschack had agreed to be an informer an article appeared in the Sowetan magazine reporting that Meschack had been approached by the applicant, Captain Britz, and Colonel van Huysteen and an attempt was made to recruit him as an informer. It became clear to the applicant amongst others, that he had never intended to be an informer for the Security Police. This led to an embarrassing situation for the Security Branch as there was already an agreement between the then government and the ANC that no more recruiting would be taking place.
A meeting was held between Captain Britz and Colonel van Huysteen at John Vorster Square. After this meeting Captain Britz informed the Alexandra Branch members that a decision had been taken that Meschack must be eliminated.
It was decided that Louis, an informer, who was a close friend of Meschack was to be the one who would eliminate him. A firearm was handed over to Louis and he was instructed to eliminate Meschack.
A week later the applicant received a telephone call from Louis informing him that he was in Tembisa hospital as he had been shot in the leg. When applicant went to visit him in hospital he told the applicant that he had been shot when he attempted to eliminate Meschack, but he was not sure who had shot him.
Subsequent thereto the applicant never saw Meschack again. Louis returned the firearm to the Security Police.
In cross-examination he denied ever having been part of a group who broke into Meschack's house and broke his belongings. He also denied that Meschack had any money when he arrested him.
2nd INCIDENT
Applicant stated that during the period 1989 to 1992 whilst he was at the Alexandra Security Branch he committed various acts of assault on the residents of Alexandra. The victims were mainly ANC/SACP and/or PAC members. He stated that he did not have the names and identities of the victims, and he could not be specific as to the date on which these events occurred.
He, however, remembers that in some instances the people laid charges and dockets were opened. These dockets have since been destroyed. He stated that when a docket was opened against a member of the police force it would go to a certain section where there was a retired Brigadier. He could not remember the name of this Brigadier. This Brigadier would interfere with the investigation and thus make it difficult for the senior prosecutor to enrol the matters.
As regards this incident three (3) people came forward and claimed to be victims allegedly in relation to the offence for which the applicant seeks amnesty. They were Ntani Nduli, Ronnie Peto and Mrs Elizabeth Kunene.
The Committee is unable to positively identify victims in respect of this incident on the basis that questions which were put on behalf of the people who claim to be victims did not elicit sufficient information from the applicant.
The so-called victims themselves were uncertain and rather vague in regard to the actual facts involving the applicant. Nevertheless the names of these persons concerned are forwarded to the Reparation Committee for further consideration and/or investigation.
Having heard the evidence of the applicant the Committee is satisfied that the applicant has complied with the requirements of the Act and the offences for which he seeks amnesty are acts associated with a political objective.
Accordingly amnesty is GRANTED to the applicant for:-
(i) conspiracy to murder Meschack Nhlapo;
(ii) assaults perpetrated against people unknown to the applicant in Alexandra township during the period 1989 to 1992, who subsequent thereto laid charges against the applicant at Alexandra Police Station.
Signed at Cape Town on this 31st day of May 2001.
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JUDGE S KHAMPEPE
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JUDGE C DE JAGER
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ADV S SIGODI
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