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"). Applicant had applied for amnesty in respect of a number of incidents which had all been finalised save for the incidents forming the subject matter of the present decision. The matter is being dealt with in chambers. 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 matters already finalised and no useful purpose would be served by repeating the same herein.
The incidents presently being dealt with will now be set out separately. Applicant is unable to recall the specific dates of the various incidents but indicated that they occurred during the period 1987 when he joined the then South African Police and 11 June 1993.
UNLAWFUL POSSESSION OF A 9mm PISTOL
The circumstances briefly were that Applicant arranged with one of his informers that she should befriend an uMkhonto weSizwe ("MK") member, one Abraham Mokoena, with the purpose of planting an illegal 9 mm pistol in a cupboard at the latter's home in Alexandra. After this was done, the house was raided and the pistol found by the Police. Mokoena was then pressurised and eventually consented to work as an agent for the Security Police in Alexandra. The illegal firearm was obtained from the police stores in Alexandra
Having considered the matter, we are satisfied that the incident constitutes an act associated with a political objective and that the application complies with all the requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from planting an illegal 9 mm pistol in the house of one Abraham Mokoena at Alexandra as specified above.
HOUSEBREAKING AT THE AFRICAN NATION CONGRESS ("ANC") OFFICES IN ALEXANDRA
On the orders of his superiors, Applicant and two senior officers of the Alexandra Security Branch, broke into the offices of the ANC in Alexandra in order to remove certain documentation relating to ANC activities, which had to be studied by the Security Branch. As they entered the building, Applicant and his colleagues were shot at and had to abort the operation. A window and one downpipe were damaged during the incident.
Having considered the matter, we are satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and that the application complies with all of the other requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from the housebreaking at the ANC offices in Alexandra, as detailed above.
DAMAGING A BUS
On the instructions of his superiors, Applicant assisted in an operation to immobilise a bus transporting supporters of the accused to the high-profile treason trial at Delmas. The objective was to prevent the supporters from reaching the venue of the trial. In execution of the order, the tyres of the bus were fired at resulting in the bus being immobilised. The passengers in the bus were effectively prevented from attending the trial.
Having considered the matter, we are satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and that the application complies with all of the other requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences relating to damaging a bus transporting supporters of the accused at the Delmas treason trial, as specified above.
CO-OPERATING WITH THE INKATHA FREEDOM PARTY ("IFP")
Applicant participated in forewarning members of the IFP of impending raids on IFP hostels by the South African Police. Applicant acted on orders of his superiors and on many occasions accompanied his superiors in order to communicate the said warnings.
Applicant also on occasion furnished details of ANC members to the IFP. No offence is disclosed in this regard and the conduct in question accordingly does not qualify for amnesty.
Having considered the matter, we are satisfied that Applicant conduct in forewarning members of the IFP of impending police raids on IFP hostels, was directly associated with the political struggle being waged at the time by the then government against the liberation movements. It is common cause that the IFP was regarded as an ally of the then government in the said political struggle. We are accordingly satisfied that Applicant's conduct in this regard constitutes an act associated with a political objective and that the application complies with all of the other requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from his conduct in forewarning members of the IFP of impending police raids on IFP hostels, as specified above.
MONITORING TELEPHONES AND TAMPERING WITH MAIL
As part of his official duties, Applicant cooperated with the Security Police operations code named WH10 and WH10 which concerned the interception of mail and telephone calls respectively at John Vorster Square Police Station in Johannesburg. It is common cause that this was an official police operation which was conducted within the ambit of the law. Applicant's conduct in this regard accordingly does not constitute an offence or delict and does not qualify for amnesty. In the circumstances the application is REFUSED.
SUPPLY OF WEAPONS TO THE IFP
On the instructions of his superiors, Applicant participated on numerous occasions in delivering arms and ammunition to the IFP in Alexandra. These consignments included shotguns, handguns and hand grenades.
Having considered the matter, we are satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act and that the application complies with all the other requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from the supply of arms and ammunition to the IFP in Alexandra, as specified above.
STRATCOM OPERATIONS
As a member of the Security Branch in Alexandra, Applicant participated in various strategic communication or Stratcom operations. These were basically covert operations aimed at distributing misinformation undermining the activities of the liberation movements. Some of these operations were also aimed at causing friction between contending political formations, notably the ANC and the IFP. The modus operandi would include printing and distributing pamphlets in the name of one of the formations falsely accusing the other of unacceptable conduct. Pamphlets were also printed in the name of the ANC falsely setting out its policies and intentions. These pamphlets would then be distributed in white areas with the aim of angering the white community. Inflammatory graffiti was also prayed on structures and houses in Alexandra with a view to involving anger within the township. It is common cause that these Stratcom operations formed an integral part of the modus operandi of the Security Police in the political struggle waged against the liberation movements, particularly the ANC.
Having considered the matter, we are satisfied that the incidents constitute acts associated with a political objective as envisaged in the Act and that the application complies with all of the other requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from Applicant's participation in Stratcom operations of the Alexandra Security Branch, as specified above.
INVASIONS INTO ALEXANDRA TOWNSHIP
On the instructions of his superiors, Applicant participated in invasions into Alexandra township at night in the course whereof firearms were discharged with the objective of creating a general atmosphere of unrest and fear in the township. These activities formed part of the covert operations conducted by the security forces in the course of the political struggle being waged at the time.
Having considered the matter, we are satisfied that Applicant's conduct constitutes an act associated with a political objective and that the application complies with all of the other requirements of the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from his participation in invasions into Alexandra township, as specified above.
ACTIVITIES IN REGARD TO ANGLO AMERICAN CORPORATION
On the instructions of his commanding officer, Applicant ostensibly resigned from the South African Police during May 1989 and obtained employment in the security division of the Anglo American Corporation. During the period of his employment at Anglo American Corporation, Applicant planted listening devices of the homes of directors of the Corporation as well as its offices and board rooms in order to enable the South African Police to monitor the activities at these sites. Applicant also duplicated some of the Corporation's documentation for use by the Police. All of these surveillance activities were aimed at meetings involving representatives of the ANC and certain leadership figures of the then government. At all material times Applicant was acting on the instructions of his superiors in the Security Police.
Having considered the matter, we are satisfied that Applicant's conduct constitute acts associated with a political objective as envisaged in the Act and that the application complies with all of the other requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from his conduct as an ostensible employee in the security division of the Anglo American Corporation, as specified above, during or about 1989.
SURVEILLANCE OPERATIONS
In the course of his duties as a member of the Alexandra Security Branch, Applicant engaged in surveillance operations in respect of the parental home of Hein Grosskopf, a prominent ANC activist, where he planted listening devices as well as at the Pretoria Central Prison in order to monitor conversations between the convicted ANC member, Robert McBride, and his girlfriend. These operations formed part of the modus operandi followed by the Security Branch in countering the activities of the ANC.
Having considered the matter, we are satisfied that the incidents constitute acts associated with a political objective as envisaged in the Act and that the application complies with all of the other requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from his participation in surveillance operations, as specified above, in the course of his duties as a member of the Alexandra Security Branch.
INCIDENTS FOR WHICH APPLICANT HAD BEEN CHARGED
Criminal charges had been brought against Applicant in respect of the following incidents which had occurred in the course of his duties as a member of the Security Police. Applicant was found in unlawful possession of an AK-47 assault rifle on 11 June 1993 at his residence in KwaZulu Natal. Applicant, moreover, supplied an AK-47 assault rifle to Jabulani Lawrence Damane Sishi and/or Bongani Ntuli during or about the period April - May 1993 at or near Inanda, Newtown in KwaZulu Natal. These activities occurred as part of the Security Police actions in countering the liberation movements with a view to enhancing the negotiating position of the then government at the political negotiations being conducted at the time.
Having considered the matter, we are satisfied that the incidents constitute acts associated with a political objective as envisaged in the Act and that the application complies with all of the other requirements of the Act. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from his unlawful possession of an AK-47 assault rifle and the unlawful supply of an AK-47 assault rifle, as specified above.
DATED AT CAPE TOWN THIS DAY OF 2001.
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