AC/2001/178

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.

DAWID JACOBUS BRITS APPLICANT

(AM3745/96)

DECISION

The Applicant has applied for amnesty for acts flowing from a number of incidents, the majority of which were dealt with at amnesty hearings. The remaining incidents do not constitute any gross violation of human rights and they are accordingly dealt with in chambers. These applications concern the following incidents that all occurred during the period (later) when the Applicant was a Security Branch policeman stationed at the Vlakplaas Unit under the command of Colonel Eugene de Kock:

1. The transportation of arms and explosives from Oshakati in Namibia to Vlakplaas in Pretoria (date unknown);

2. The transportation of arms and ammunition to Natal during 1992;

3. The creation of an unlawful arms cache ("DLB") near Nelspruit (date unknown); and

4. The destruction of arms and explosives (date unknown).

1. TRANSPORTATION OF ARMS FROM NAMIBIA

The Applicant states that he and a number of his colleagues were tasked on two occasions to transport arms and explosives of foreign origin, ostensibly confiscated by the Security forces, from Namibia to Vlakplaas. The arms were to be used for the training of Security Branch members in the use of foreign weaponry. The Committee is of the opinion that the application in respect of these two acts does not disclose any offence for which amnesty can be granted as the Applicant regarded himself as acting within the normal scope of his duties and no unlawful activity or motive is disclosed.

2. TRANSPORTATION OF ARMS TO NATAL

The Applicant assisted in transporting arms and ammunition from Vlakplaas to the Security Branch in Natal during 1990. He states that the arms were intended for training so as to boost the morale and confidence of the members of the Security Branch in Natal in the government of the day. Here too, no offence is disclosed for which amnesty can be granted. There is no indication in the application submitted in regard to this incident that the arms and ammunition were intended for any unlawful purpose or that the Applicant knew of any unlawful purpose for which such arms and ammunition would be utilised.

3. THE CREATION OF AN UNLAWFUL ARMS CACHE AT OR NEAR NELSPRUIT

The Applicant was instructed to create an arms cache at Kanyamazane near Nelspruit. He did not know for what purpose this was to be done and simply carried out the order and placed landmines, hand grenades and weapons in the arms cache. The Committee however accepts that the Applicant knew that the act of creating the arms cache was in itself an unlawful act and that the use of the arms would entail an offence of some kind. Within the context of the Applicant's work at the time and after consideration of all the relevant documentation relating to his application the Committee is satisfied that this act was an act associated with a political objective as envisaged by the Act. The Committee is further satisfied that the Applicant has made a full disclosure of all the relevant facts and that he has complied with all the formal requirements for amnesty.

4. THE UNLAWFUL DESTRUCTION OF ARMS AND EXPLOSIVES AT PAARDEFONTEIN AT OR NEAR PRETORIA IN ORDER TO PROTECT THE GOVERNMENT OF THE DAY

The Applicant is unable to state the date on which the arms and explosives were destroyed. From the context of his application it is however clear that the act was committed after the Applicant had become aware of that these arms and ammunition were linked to some unlawful acts by the Security Branch. It therefore follows that this act was committed with the unlawful intent of obstructing the course of justice. The Committee is satisfied that the act is an act associated with a political objective as envisaged by the Act. The Committee is further satisfied that the Applicant has made a full disclosure of all relevant facts and that he has complied with all the formal requirements for amnesty.

In the premise amnesty is GRANTED in respect of the following:

1. Any delict or offence directly associated with or flowing from the creation of an unlawful arms cache at or near Nelspruit on an unknown date but during the period that the Applicant was a member of the Vlakplaas Unit of the Security Branch and under the command of Colonel Eugene de Kock insofar as such delict or offence does not constitute any gross violation of human rights in terms of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995.

2. Any delict of offence directly associated with or flowing from the destruction of arms and explosives at paardefontein in the district of Pretoria on an unknown date but during the period that the Applicant was a member of the Vlakplaas Unit of the Security Branch, under the command of Colonel Eugene de Kock insofar as such delict or offence does not constitute any gross violation of human rights in terms of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995.

3. The Committee finds that no offence for which amnesty can be granted has been disclosed in respect of the acts involving the transportation of arms from Namibia to Vlakplaas or from Vlakplaas to the Security Branch in Natal.

SIGNED AT CAPE TOWN ON THIS THE 18TH DAY OF MAY 2001

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