TRC Final Report

Volume 6

Section 1

Chapter 4

Subsection 12

THE KILLING OF RUTH FIRST, JEANETTE CURTIS SCHOON AND KATRYN SCHOON^{5 9}

120. On 30 May 2000, the Amnesty Committee granted amnesty to Messrs Craig Michael Williamson and Roger Howard Leslie Raven for the killing of Ms Ruth First in Maputo on 17 August 1982 and of Ms Jeannette Schoon and her daughter Katryn Schoon in Angola on 28 June 1984.

121 . It was common cause that Ruth First and Jeanette and Katryn Schoon were killed by bombs concealed in parcels that were addressed to them. Both Williamson and Raven were members of the Security Branch. The assassinations of the deceased were ordered, advised, planned and/or directed within the Republic of South Africa, while the explosion and resulting deaths occurred outside the borders of the Republic.

122. The Committee was mindful of the Stopforth and Veenendal judgment referred to above. It held that it had the necessary jurisdiction to hear these amnesty applications, despite the fact that the killings occurred outside the Republic.

123. After a protracted hearing, the Committee was satisfied that the following applied:

a The killings of Ruth First and Jeannette and Katryn Schoon were offences committed in the course of the conflicts of the past.

b The applicants were members of the Security Police and, as such, were employees of the state. They had acted within the course and scope of their duties and within the scope of their express or implied authority.

c The offences were directed against publicly-known political organisations or liberation movements, namely the ANC and SACP and/or members or supporters of those organisations, and were committed bona fide to the objective of countering or resisting the struggle.

d Katryn Schoon, aged six years, was tragically killed in the crossfire. Williamson testified that he had not expected the Schoon children to be with their parents in a military zone, but to have been in London at the time.

e The evidence indicated that, although the Schoons and Ruth First were lecturing at their respective universities, they had not totally withdrawn from politics and were still involved in the liberation struggle waged by the ANC/SACP.

f There was no evidence to support the allegation that Williamson acted out of malice towards the deceased. The Committee held that there was evidence that Williamson had received orders from his superiors to proceed with the letter bombs.

g The killings of Jeannette and Katryn Schoon and Ruth First achieved their objective to shock, destabilise and demoralise the ANC/SACP. The acts were accordingly not disproportionate to their objectives.

h The applicants had made a full disclosure of all relevant facts.

Review application

124. Following the granting of amnesty to both applicants, the Schoon and Slovo families launched review proceedings against the granting of amnesty. The Committee did not oppose the application and chose to abide by the judgment of the High Court. The various grounds for review may be summarised as follows:

125. First, the Committee had failed properly to consider the evidence relating to the applicants’ knowledge of the Schoons’ domestic arrangements abroad .

126. Second, the Committee had failed properly to consider the requirements of proportionality (as required by section 20(3)(f)) in the killing of a six-year-old child. Further, the Committee should have refused amnesty on the grounds that the statement that ‘it had served the Schoons right that their daughter had been killed because they had used her as their bomb disposal expert’ indicated personal malice or spite as contemplated in section 20(3)(ii).

127. Third, the Amnesty Committee had misdirected itself in finding that the Schoons w e re still engaged in political work, thereby justifying its conclusion that the bomb was sent bona fide with the object of countering or resisting the struggle within the meaning of section 20(2) of the Act.

128. Fourth, the sending of a letter bomb to kill the Schoons had not been act associated with a political objective, as the Security Police had already succeeded in driving the Schoons out of South Africa.

129. Fifth, there had been failure to make full disclosure in respect of a wide range of evidence given by Williamson and Raven. This related to the identification of the targets to whom the bombs were sent, the manner in which the bombs were packaged, the construction of the device itself, the involvement of General Petrus Johannes Coetzee and the precise role played by each of the applicants.

130. Similar objections were raised by the applicants in respect of the killing of Ms First.

131. The respondents (Williamson and Raven) had not, at the time of publication, responded to the allegations set out in the founding papers. As the Committee decided not to oppose the application, the interest of the Commission in this matter is limited. Both Williamson and Raven filed an exception to the revie w application on the basis that a review against the granting of amnesty in terms of section 20 was not permissible in law.

132. This matter had not yet been resolved and was still pending at the time of publication of this Codicil.

THE CASE OF BHEKUMNDENI QEDUSIZI PENUEL SIMELANE

133. Mr Simelane brought an application to the Cape High Court to review the Amnesty Committee’s decision to refuse him amnesty. At the time of publication, this application was still pending and is currently being handled by the Ministry of Justice.