TRC Final Report

Volume 6

Section 3

Chapter 6

Subsection 20

The Rodora roadblock killings

223. Four people, including two children aged nine and thirteen, were killed by an AWB gang which set up a roadblock at the ‘Rodora crossing’ outside Ventersdorp on 12 December 1993. Nine members of the AWB applied for amnesty for the incident: Phillipus Cornelius Kloppers [AM4627/97], Deon Martin [AM4621/97], Andre Francois Visser [AM4571/97], Marius Etienne Viss e r [AM7003/97], Petrus Matthews [AM4624/97], Carel Hendrik Meiring [AM7002/97], Gerhardus Johannes Diedrichs [AM6662/97], Frederick Jacobus Badenhorst [AM7004/97] and Marthinus Lodewikes van der Schyff [AM5435/97].

224. After mounting a roadblock, the applicants searched several cars for weapons they wanted to confiscate for their ‘war’. The occupants of two cars were assaulted and later shot. An ear of one of the victims was cut off to show their commander, AWB General Japie Oelofse, allegedly at his request. Oelofse did not appear in person and did not formally oppose the applications but, through his Counsel, disassociated himself from all the killings, attempted killings and the severed ear.

225. The applicants (with the exception of Diederichs who was convicted of culpable homicide) were convicted of the four murders and six attempted murders and sentenced in the Supreme Court. Some of the applicants were also convicted on charges of assault and/or theft, arising from the theft of a leather jacket, radio cassettes and equipment taken from the victims’ cars. With the exception Van der Schyff, who did not apply for amnesty for theft, all the applicants applied for amnesty in respect of all the offences of which they were convicted.

226. Two AWB members, Mr Myburgh and Brigadier Kriel, testified on behalf of the applicants. Neither had first-hand knowledge of the incident or the orders allegedly given by Oelofse.

227. All but one of the applicants testified that they were engaged in an official AWB operation on the orders of the General Staff of the AWB and General Japie Oelofse, as conveyed to them by Kloppers at the roadhouse where they had gathered prior to the incident.²⁴² They testified that Kloppers had told them that they were to go out and ‘work’ that night, as the countrywide revolution was to start that particular evening.

228. Kloppers told them that Oelofse wanted them to identify targets, exercise hard options and that he wanted to see ‘lyke’ (dead bodies). They proceeded to various places where alcohol was consumed and eventually went to Martin’s place. Only on the way and in response to a suggestion to go to the township, did Kloppers communicate to them that Oelofse had ordered the setting up of a roadblock.

229. According to the applicants, the victims were ord e red out of their cars and told to sit on an embankment on the side of the road. They were then questioned by Martin as to their political affiliations and asked particularly whether they were members of the ANC, which the AWB regarded as its enemy. The applicants testified that they did not notice that there were children in the group.

230. The applicants testified that, while members of the group were being questioned by Martin, Kloppers would ‘lightly tap’ them on the head in order to encourage them to co-operate. Some members of the group allegedly admitted that they were supporters of the ANC and, according to Martin’s testimony, after a small group of the applicants had assembled (including Martins, Matthews, Kloppers, Marius Visser and Badenhorst), they decided to shoot the victims.

231. Three of the applicants, namely Andre Visser, Diederichs and Meiring, did not participate in the decision to shoot or the shooting itself. Van der Schyff testified that he participated in the shooting but did not form part of the group taking the decision. Martin fired the command shot and most of the others followed suit. Andre Visser, Matthews, Diederichs and Meiring then jumped into a car and fled the scene of the shooting.

232. Kloppers called out that they should all assemble at the City Hall and ordered Martin to cut off the ear of one of the victims so it could be taken to General Oelofse. Various items were taken. The empty shells were removed from the scene, the vehicles of the victims were set alight and the rest of the applicants left the scene thereafter.

233. Van der Schyff testified that no mention had been made of the planned shooting at any time prior to the setting up of the road block and that his first knowledge of the shooting came after the first shots had been fired at the scene. He further testified that no mention had been made of the revolution or of the fact that Oelofse wanted to see dead bodies. Their purpose was to search for weapons. He was not part of the group that had decided on the shooting. He did, however, fire shots in the direction of the group because he had received a message that Kloppers had ord e red the shooting of the victims.

234. The applicants conceded that they had consumed alcoholic liquor in varying quantities prior to and on the way to the spot where the roadblock was set up. They also testified that, on their way to the scene of the incident, they harassed two black people and assaulted an unknown black man, during which incident some of the applicants engaged in some frivolous fun amongst themselves.

235. The applications were opposed by surviving victims and relatives of the deceased.

236. The Committee found that, in broad outline, the evidence given by the victims confirmed the applicants’ version as to the course of the events at the scene of the shootings. There were, however, some material differences in respect of questioning of the victims. According to the surviving victims, Martins and Kloppers had questioned the victims in a far more aggressive manner than they had led the Committee to believe and none of the victims had admitted that they were members or supporters of the ANC.

237. In considering the evidence, the Committee accepted that the setting up of the roadblock was in line with general AWB policy and that the prime objective of the exercise had been to obtain weapons in this manner. The Committee did not, however, accept that it was AWB policy to kill people at roadblocks. The applicants had all the necessary equipment to carry out the designated operation, which was carried out with some precision until the shooting took place.

238. The Committee found that Martin had taken the initiative in ‘questioning’ the victims, in calling together the group when the decision was taken to shoot and in firing the commanding shot. He knew that the group was exceeding the bounds of its mandate and that it was he and Kloppers who had made the decision to shoot. There had been no reason to shoot the victims. The victims had had no firearms or other weapons; they did not admit to being members of the ANC; nor did they offer any substantial resistance to the treatment that was meted out to them. Martin’s application for amnesty was accordingly refused [AC/1999/0045].

239. The Committee also refused the applications of those other members of the group who were in a position to question the reasons for the decision to shoot [AC/1999/0045].

240. Andre Visser, Van der Schyff, Dietrichs and Meiring – who were not in the group and who did not receive direct orders – could not be said to have known or to have been in a position to establish the reasons for the decision. They nevertheless associated themselves with the events by accompanying others in circumstances where it might become necessary to shoot. With the exception of Van der Schyff, these applications also failed [AC/1999/0045].

2 4 1 . The Committee was of the opinion that Van der Schyff, the fifth applicant, made full disclosure of the relevant facts. He had acted on the instruction of Kloppers, conveyed to him by a member of the group. Although his evidence was found to be unsatisfactory in all respects, it was not such as to bar him from being granted amnesty. He was accordingly granted amnesty for assault, possession of firearms and ammunition and for the four murders and six attempted murder s committed at the Rodora Crossing near Ventersdorp on 12 December 1993 [ A C / 1 9 9 9 / 0 0 4 5 ] .