AC/2001/164

      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.

ADRIAAN DAVID BAKER     APPLICANT

(AM5284/97)

      DECISION

The Applicant applies for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No.34 of 1995 in respect of the following incidents:

1.    An explosion of a mini limpet mine at the Athlone Post Office, Western Cape on or about 15th of August 1989, causing damage to property;

2.    An explosion of a mini limpet mine at First National Bank, Claremont, Western Cape on or about 15th August 1989 causing damage to an automatic teller machine;

3.    An explosion of a mini limpet mine at the beach front, Strand, Western Cape causing damage to a toilet.

At the time of the incidents the Applicant was a member of Section C1, Vlakplaas.  During August he received instructions from his commanding officer, Colonel Eugene de Kock, to carry out certain operations under the command of Colonel Louis de Jager, then commander of the Intelligence Unit of the Security Branch in the Western Cape, which resulted in the above incidents.  The operational team included inter alia Captain Kok and Sergeant Mentz who both applied for amnesty for the first two incidents.

The objective was to cast suspicion on and disrupt activities of the Mass Democratic Movement who at the time protested against a tour of a World Rugby team in South Africa.  Nobody was killed or injured.

The Committee is satisfied that the Applicant has complied with all the requirements for amnesty, that the offences committed were offences associated with a political objective within the context of the conflict of the past as envisaged in the Act and that the Applicant has made a full disclosure of all relevant facts.

Accordingly amnesty is GRANTED to Adriaan David Baker for:

1.    Malicious damage to property as a result of the explosion of a mini limpet mine at the Athlone Post Office, Western Cape, on or about 15th August 1989;

2.    Malicious damage to an automatic teller machine as a result of the explosion of a mini limpet mine at a branch of First National Bank in Claremont, Western Cape, on or about 15th August 1989;

3.    Malicious damage to property as a result of the explosion of a mini limpet mine at a toilet on the beach front, Strand, Western Cape, on or about the 15th August 1989.

SIGNED AT CAPE TOWN THIS THE 10TH DAY OF MAY 2001

JUDGE ANDREW WILSON

ADV F BOSMAN

??

2

      /...