AC/2001/213

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.

JOHANES VELDE VAN DER MERWE APPLICANT

(AM4157/96)

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"). The Applicant has applied for amnesty in respect of a number of incidents most of which had already been finalised. The remaining matters are being dealt with in chambers. Applicant's personal circumstances and activities as a member of the then South African Police had been fully canvassed and dealt with in these proceedings. The remaining matters will be dealt with separately.

FACILITATING THE ESCAPE OF DETAINEES FROM LAWFUL CUSTODY

This incident occurred during or about 1987 when Applicant was a member of the Security Branch stationed at Bloemfontein and held the rank of Colonel. Pursuant to a request from the then government, Applicant took steps to assist the Basotholand Congress Party ("BCP") in Lesotho by arranging for two of its members to escape from lawful custody in the police cells at Fouriesburg in South Africa. Applicant was also requested to take steps against the Basotholand National Party ("BNP") of Lesotho who had lost the general election but refused to relinquish power.

Applicant arranged for a member of the Security Police to be detained together with the two BCP members in order to obtain their co-operation under false pretences. The two BCP members were eventually assisted to escape from custody and were placed in possession of a vehicle fitted with an explosive device which they had to drive to Lesotho and park near the premises of the NBP in Maseru. The explosive device was fitted with a timing mechanism that would detonate the explosives after midnight when no-one would be in the immediate vicinity or at risk of being injured or killed in the resultant explosion.

The plan was duly executed, but the vehicle was eventually discovered by the Lesotho Police and he explosive device detonated under controlled circumstances. No deaths or injuries resulted from the explosion.

Having considered the matter, we are satisfied that the incidents are directly associated with the then political conflict and that Applicant's conduct constitutes acts associated with a political objective as envisaged in the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences or delicts directly resulting from assisting two members of the BCP to escape from lawful custody at Fouriesburg and attempts to damage the offices of the BNP in Maseru with an explosive device which all occurred during or about 1987.

PROVIDING EMPLOYMENT TO TWO MEMBERS OF THE TRANSKEIAN POLICE

This incident occurred during or about the period 1988 - 1989. At the time Applicant was the Deputy Commissioner of the South African Police and was stationed at police headquarters in Pretoria. Applicant was approached by the then Security Branch of the South African Police to render assistance with the employment of two members of the Transkeian Police who had fled to the Republic of South Africa after having escaped from custody in Transkei. According to the report submitted to the Applicant, the two Transkeian police officers caused the death of a certain Mr Zokwe while they were attempting to effect an arrest of the latter. The two police officers had acted lawfully in every respect and were only detained after improper pressure was brought to bear upon the Transkeian Police by the political authorities there. Applicant duly rendered assistance in order to obtain employment for the two Transkeian police officers in the then South African Defence Force.

Having considered the matter, it is clear that Applicant's actions in assisting the two Transkeian police officers were in no way unlawful. The facts accordingly does not disclosure any offence. In the circumstances the application does not comply with the requirements of the Act and amnesty is accordingly REFUSED.

DATED AT CAPE TOWN THIS 31ST DAY OF MAY 2001

/...