AC/2001/250

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.

SAMPINA HENDRIK BOKABA APPLICANT

(AM5460/97)

DECISION

This is an application for amnesty for the killing of an unknown person in 1986/1987. Applications had also been filed by Jacques Hechter (AM2776/96) and Paul Jacobus Jansen van Vuuren (AM2777/96) for the same incident and they were both granted amnesty by the original Committee of the Amnesty Committee on 17 February 1999, respectively under Decisions AC/99/0030 and AC/99/0032.

The Applicant confirmed the evidence given by the above-mentioned Applicants and testified that he, at the time a constable, operated under the orders of Captain Hechter. The facts, briefly stated are that the deceased allegedly was a member of a cell of ANC activists, lead by Sefola, which cell was involved in bomb blasts, petrol bombs, instances of necklacing and landmine explosions in the Eastern Transvaal where people were killed.

Sefola had already been killed (which was the subject of another amnesty application). Mamasela tracked down the deceased. Van Vuuren and Mamasela abducted the deceased from Mamelodi, transferred him to another vehicle in which Hechter, the Applicant and Danny (Slang) Selahle had been waiting, and which they too boarded. Selahle drove the vehicle to a place in Bophuthatswana, apparently in the direction of Warmbaths, following directions given by Mamasela who knew the area.

The purpose, explained by Hechter at the commencement of the operation, was to obtain information from him and thereafter to kill him, the Applicant and Selahle strangling him with a piece of wire. He refused to co-operate. Selahle and the Applicant were then ordered to kill him by strangling him.

They were scared and when they were clearly not achieving the required results, Hechter and Van Vuuren took over from them and killed the deceased, strangling him. A tyre was placed around the deceased's body and petrol doused over him and set alight. The tyre and petrol was brought along for this purpose. The Applicant testified that his understanding was that the purpose of this exercise was to conceal identity. Van Vuuren and Hechter testified that the intention was to create the impression that the deceased had been necklaced by members or supporters of the liberation movements.

The Applicant could not assist with either the identity or with a closer description of the place where the incident occurred.

The Committee is satisfied that the killing of this unknown activist was an act associated with a political objective, perpetrated within the context of the conflicts of the past and that Applicant has made a full disclosure of all material facts related to this incident.

The Applicant is accordingly GRANTED amnesty for the killing of an unknown activist, who was a member of the so-called Sefola cell of activists, during 1986/1987 in Bophuthatswana near Warmbaths and for all offences related thereto.

SIGNED AT CAPE TOWN ON THIS THE 31ST DAY OF MAY 2001

JUDGE S KHAMPEPE

MR W MALAN

MR I LAX

/...