AC/2001/118

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT NO. 34 OF 1995.

JACOBUS FRANCOIS CONRADIE 1ST APPLICANT

(AM4123/96)

JACOBUS JACOBS 2ND APPLICANT

(AM4146/96)

ARTHUR JOHN VAN DER GRYP 3RD APPLICANT

(AM4373/96)

DECISION

The Applicants all apply for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, 34 of 1995. All of them were members of the South African Police at the time of the incident.

During September 1990 Van der Gryp (third Applicant) arrested Themba Khoza, a leader within the Inkatha Feedom party ("IFP") for the unlawful possession of arms and ammunition. He filed a statement in this regard. Conradie (first Applicant) then a major attached to the Security Branch in Vanderbijlpark then disclosed to Jacobs (second Applicant) of the Murder and Robbery Squad in Vanderbijlpark that Khoza was an important source of information to the Security Branch. They jointly decided that steps had to be taken to protect Khoza. Jacobs amended the statement and requested Van der Gryp to sign it, which he did.

After having considered the applications, the Committee is satisfied that the Applicants have complied with all the formal requirements for amnesty. The Committee is further satisfied that the offence committed was an act associated with a political objective committed in the course of the conflicts of the past and that the Applicants have made a full disclosure of all relevant facts.

In the premises, amnesty is GRANTED to:

1. Jacobus Francois Conradie for defeating the ends of justice by participating in the unlawful amendment of a police statement in order to protect an arrested person, Themba Khoza, at Vanderbijlpark during September 1990;

2. Jacobus Jacobs for defeating the ends of justice by unlawfuly amending a police statement in order to protect an arrested person, Themba Khoza, at Vanderbijlpark during September 1990;

3. Arthur John van der Gryp, for defeating the ends of justice by signing an unlawful amendment to a police statement in order to protect an arrested person, Themba Khoza, at Vanderbijlpark during September 1990.

DATED AT CAPE TOWN THIS DAY OF 2001.

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