Issued by: Truth and Reconciliation
26 FEBRUARY 1999
The Amnesty Committee of the Truth and Reconciliation Commission today has refused amnesty to eight members of the Afrikaner Weerstandsbeweging who murdered four blacks and injured six others at a bogus roadblock, west of Johannesburg in 1993 in an attempt to scupper South Africa's first all race elections.
Andre Franswa Visser, Deon Martin, Petros Johannes Matthews, Phillipus Cornelius Kloppers, Marthinus Lodewikes van der Schyff, Gerhardus Johannes Diederichs, Carel Hendrik Meiring, Marius Ettienne Visser and Frederick Jacobus Badenhorst sprayed ten black people with gunfire in a mock roadblock on the Krugersdorp-Ventersdorp road, west of Johannesburg, using a blue traffic department light and clad in reflective jackets on December 12, 1993. They later cut off the ear of one of their victims to show to their commander as a "trophy", they told the Committee their amnesty hearing last year.
However, the Committee pardoned Van der Schyff for the murder, assault and illegal possession of a firearm and ammunition saying he had made full disclosure of the facts relating to the incident. The applicants are serving life sentences for the incident.
Rejecting the applications, the Amnesty Committee said: " The applicants conceded that they had been consuming liquor prior to the (incident) and on the way to the spot where the roadblock was set up. The Committee accepted that the setting up of the road block was in line with general AWB policy and that the prime objective was to obtain weapons. The Committee does, however, accept that it was the policy to kill people at the roadblock.
"The inevitably conclusion is that this was no more than a one-off incident gone wrong. This was, in fact, the gist of the evidence given by Kloppers at the criminal trial where he testified that the reason for the roadblock was to obtain arms, that they were under the influence and that the incident had sadly gone wrong."
The Committee further argued that there was no reason to believe that the victims were legitimate targets and rejected the applicants' version that the victims had admitted to being members of the African National Congress.
"It is highly improbable that they would have done so in the circumstances and there is evidence to the contrary from the victims as well as one of the applicants. Had the incident been properly planned, as alleged and had the applicants been as sober as they now want us to believe, it is improbable that the majority of the victims would have survived," the Committee said.
Vuyani Green, media officer, 082 452 7858
The full text of the Amnesty Comittee's decision follows:
AMNESTY APPLICANTS IN TERMS OF SECTION 18
BEFORE THE AMNESTY COMMITTEE
APPLICATION FOR AMNESTY IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT. NO34 OF 1995
THE AMNESTY APPLICATION OF:
1. ANDRE FRANSWA VISSER 4571/96
I.D. NO. 540900995118087
2. DEON MARTIN 4621/96
I.D. NO. 6305125030004
3. PETRUS JOHANNES MATTHEWS 4624/96
I.D. NO. 6709295125082
4. PHILLIPUS CORNELIUS KLOPPERS 4627/96
I.D. NO. 5303145028000
5. MARTHINUS LODEWIKES VAN DER SCHYFF 5435/97
I.D.NO. 6811115057089
6. GERHARDUS JOHANNES DIEDERICHS 6662/97
I.D. NO. 59052750220007
7. CAREL HENDIRK MEIRING 7002/97
I.D. NO. 650305507074006
8. MARIUS ETTIENNE VISSER 7003/97
I.D. NO. 7012205111089
9. FREDERICK JACOBUS BADENHORST 7004/97
I.D. NO. 7304195117089
HEARD AT GAUTENG LEGISLATURE, JOHANNESBURG ON THE 22-24 APRIL 1998 AND 10-13 JUNE 1998.
DECISION
The incident that gave rise to this matter was the murder of 4 (four) and the attempted murder of 6 (six) people as well as the assault, in a separate incident, of one Abel Sehobodi at the so-called 'Radora crossing" on the Krugersdorp-Ventersdorp Road on 12 December 1993. Tow children, aged nine and thirteen respectively, were victims of the incident.
THe applicants, who will be referred to in the order cited above, were all members of the AWB and, on the night of 12 December 1993, set up an illegal "roadblock' allegedly to search vehicles following orders of General Japie Oelofse of the AWB. The fourth applicant, Kloppers, who was the commander of the group, testified as to Oelofse's orders and stated that Oelofse had ordered them not only to set up the roadblock but also to identify targets and exercise hard options. He also testified that he, Oelofse, wanted to see 'lyke" (corpses). Oelofse had allegedly on a previous occasion also told the second applicant, Martin, that he wanted a severed ear taken from a black person's body. Oelofse, who did not appear in person, and who did not formally oppose the applications, through his Counsel, disassociated himself from all the murders, attempted murders and the severed ear.
The applicants, with the exception of the sixth applicant, Diederichs, who was convicted of culpable homicide, were all convicted of the four murders and six attempted murders and sentenced in the then Supreme Court. In addition, 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 of the fifth applicant who does not apply for amnesty in respect of the theft of which he was convicted, all the applicants apply for amnesty in respect of all the offences of which they were convicted.
The applications are opposed by surviving victims and relatives of the deceased who were all assisted by the evidence leader.
All the applicants, a member of the AWB who was not personally involved in the incident under discussion, one Myburgh, and a Brigadier Kriel, a senior member of the AWB at the time of the incident, testified on behalf of the applicants. Neither of these two last mentioned witnesses had first hand knowledge of the incident or the orders alleged to have been given by Oelofse and little turns on their evidence. One of the surviving victims opposing the applications, one Mothuphi, also testified.
The applications of all the applicants comply with the formal requirements of the Promotion of National Unity and Reconciliation Act, No 18 of 1995 (hereinafter referred to as the Act).
In order to be granted amnesty the applicants must not only show compliance with the formal requirements of the Act, but must also satisfy the Committee that the acts were committed with a political objective and in the course of the conflicts of the past in accordance with the provisions of section 20 (1) read with subsections 20 (2) and (3) of the Act. Furthermore, the Committee must be satisfied that the applicants had made a full disclosure of all relevant facts as envisaged by section 20 (1) (c) of the Act. In order to decide on this, the committee must consider all the evidence placed before it by both the applicants and other witnesses.
All the applicants testified and, save for the fifth applicant, Van der Schyff, (whose evidence differed in some material respects from that of the others) they all gave evidence in all material respects similar from that of the others) they all gave evidence in all material respects similar to that of their commander, kloppers. They 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, the fourth applicant. The so called orders were given to them by Kloppers at the road house where they had gathered in public prior to the incident. They testified that Kloppers had told them that they were to go out and "work" that night since it was the start of a country wide revolution. The revolution was to start that particular evening. Kloppers furthermore 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 to Martins 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.
They collected the necessary gear and proceeded to Radora crossing. They stopped ad searched a number of cars inter alia the cars in which the deceased and other victims were travelling. According to them the victims were ordered out of the cars and told to sit on an embankment on the side of the road. They were then questioned by the 2nd applicant as to their political affiliations and particularly asked whether they were members of the ANC whom they, the applicants, regarded as their enemy.
Their testimony was generally that they did not see that there were children among the group. While members of the group were being questioned by the 2nd applicant, the fourth applicants, Kloppers, would "lightly tap" them on the head in order to encourage them to cooperate. The members of the group, or at least some, allegedly admitted that they were supporters of the ANC and after a small group of the applicants had assembled they (the small group) according to Martin decided to shoot the victims. This group consisted of second, third, fourth, eighth and ninth applicants. According to the evidence of Kloppers they did not as a group decide to shoot but he had told them that this was the target, they were going to shoot. This discrepancy in the evidence of the second and fourth applicants on a material point shows that their evidence is not reliable. Three of the applicants, namely the first, sixth, and seventh, did not participate in the taking of this decision of the shooting. Van der Schyff, the fifth applicant, participated in the shooting but did not form part of the group taking the decision, or who were told that they were going to shoot. Martin, the second applicant fired the command shot and all the others with the exception of Meiring, Andre Visser and Deiderichs, who did have a fire arm, followed suit. The first, third, fifth and seventh applicants then jumped into a car and fled the scene of the shooting.
The fourth applicant shouted after them that they should all assemble at the City Hall and afterwards reprimanded them for their behavior. The fourth applicant, Kloppers then ordered Martin, the second applicant to cut off the ears of one of the victims to be taken to General Oelofse. The jacket of one victim was taken by the fifth applicant, commercial radio cassettes were taken by another, according to him, to ascertain what relevant political information could be gleaned from them. Some tools, allegedly to be used in the course of the struggle were also taken. The empty shells were removed from the scene, the vehicles of the victims were set alight and the rest of the applicants also left the scene thereafter.
The fifth applicant testified that no mention had been made of the alleged 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 seen 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 ordered the shooting of the victims. He had simply carried out Kloppers' instruction. At an earlier stage, in an affidavit though, he had stated that he shot because he thought that there was shooting from both sides. He also admitted to having taken the leather jacket of one of the victims for himself, whilst the third applicant took the tools and cassettes for himself. Although the fifth applicant's evidence was not satisfactorily in all respects, it did in material respects support the evidence by one of the victims in that he, fifth applicant, testified that he did no hear any of the victims admit that they were supporters or members of the ANC, despite the fact that he stood fairly near them.
The applicants conceded that alcoholic liquor, in varying quantities, had been consumed by them prior to and on the way to the spot where the road-block was set up. They also testified that on their way to the scene of the incident, they had harassed two black people and assaulted an unknown black man, during which incident it appeared some of the applicants had engaged in some frivolous fun amongst themselves. They were allegedly later reprimanded by Klopper, the fourth applicant, for this undisciplined behavior.
The evidence given by the victim in broad outline confirms the applicants' version as to the course of the events at the scene of the shootings. There are, however, some material differences in regard to the manner in which the victims were questioned and their responses to the questioning. According to the victim the second and fourth applicants' approach in the questioning of the victims was much more aggressive than they led the committee to believe and none of the victims admitted that they were members or supporters of the ANC.
There is some support for the victims' version of the style of questioning in the evidence of the fifth applicant who testified that Kloppers had smashed the side screen of the one car and that he had assaulted the occupant of the one car who was unwilling to cooperate. As already mentioned he had not heard any of the victims admit to being members or supporters of the ANC.
In considering the evidence before it, more particularly that of Mr Kriel, the committee accepts that the setting up of the road block was in line with general AWB policy, and that the prime objective was to obtain weapons in this manner. The committee does not however accept that it was policy to kill people at roadblocks. THe applicants had all the necessary equipment to carry out this operation with them and this, on the evidence before us, was carried out with some precision until the shooting took place. However, on the evidence of the applicants themselves, it was only decided to put up this particular road block after some liquor had already been consumed. But, even if the commiitee should accept that the road block was set up with the required political objective, the committee is not satisfied that the shooting and killings of the victims and the so-called start of the revolution were similarly planned or that the killing of people fell within the broad mandate of the fourth applicant, Kloppers, who had allegedly directly received instructions from General Oelofse. The reasons for this are the following:
1. The applicants were not in contact by radio or in any other manner with either Oelofse or anybody else of the AWB structures in the other areas to coordinate the "revolution" nor it there any evidence of any operations carried out anywhere else in the country on that fateful night. The applicants could not give any remotely credible explanation for this fact nor do they seem to have been surprised. The inevitable conclusion is that this was no more than a one-off incident gone wrong. This was in fact, the gist of the evidence given by Kloppers at the criminal trial where he testified that the reason for the road block was to obtain arms, that they were under the influence and that the incident had sadly gone wrong.
2. Absence of planning a revolution or the killings was also clear from the fact that they had no plan of what to do with the bodies. This is strengthened by the fact that when the first car appeared after the shooting, panic and confusion set in resulting in some of the applicants simply running away from the scene. They did not wait for any order. Indeed, so was the disorder that Kloppers was forced to shout at them that they should all assemble at the Rietfontein City Hall; clearly there had not been any prior arrangement. There are several aspects in terms of which there had not been prior planning as one would have expected in a military operation of the nature the applicants claim.
3. They say that the order was to identify and kill members of the ANC-SACP alliance, yet the evidence is that the victims were intimidated and assaulted into admitting that they were such members. There is very little reason to believe that the victims were legitimate targets. The committee rejects the evidence of the majority of the applicants that the victims admitted to being members of the ANC. It is highly improbable that they would have done so in the circumstance and there is evidence to the contrary from the victims as well as one of the applicants.
4. Not only did the applicants consume liquor before launching the supposed revolution but Kloppers their commander, actually took some along. He admitted, albeit after in dept questioning, that consuming liquor just before launching that kind of operation was not good discipline within the AWB: he added, strangely, that he did not see anything wrong with that Their rather raucous, behaviour on their way to the setting up of the roadblock belies any suggestion that they were seriously setting out to start a revolution and strengthens a finding that the applicants were under the influence of liquor.
5. Had the incident been properly planned, as alleged and had the applicants been as sober as they now want us to believe, it is improbable that the majority of the victims would have survived the incident.
6. The committee does not accept that the order came from Oelofse. The vague manner in which the order was allegedly couched "ek wil lyke sien" does not accord with military or even para-military style. Furthermore it was conceded by Kloppers at the hearing that Oelofse was a military man of precision. Kloppers' explanation that he did not mention Oelofse during the criminal trial in order to protect him is also highly improbable. Finally, there is also the evidence by the fifth applicant that the alleged order in regard to "lyke" was not mentioned at the roadhouse.
Having regard to the above, the Fourth Applicant, Kloppers is clearly not entitled to amnesty. Even if the committee was inclined to accept that the killings flowed from the setting up of the roadblock, which at best for the applicants may have been done with a political objective as required by the Act, this application will still hae to fail on the grounds that he did not make a full disclosure of all the relevant facts relating to the commission of the offences. The committee is of the opinion that the reason why the fourth applicant Kloppers exceeded his mandate was the fact that the intake of alcohlic liquor, particularly in the case of Kloppers, who probably had the most to drink, had led to the breaking down of inhibitions. This coupled with the frustration of not finding any firearms or other weapons to further their cause to the death and wounding of the victims.
The question which now arises, is whether the men under Kloppers' command, who received their orders directly from him are entitled to amnesty. In our opinion a distinction must be drawn and the question should be answered by reference to four groups. The position of the second applicant, Martin, who was the brother in law and a close confidante of the commander, Kloppers, and who, according to the evidence, played a leading role in the incident; the position of those, other than Van der Schyff who were not part of the group that decided on the shooting; the position of those, other than Martin, who were told about the decision to shoot or who were in the group that were told that they were going to shoot; and finally the position of Van der Schyff who, had participated in the shooting, but who in our opinion had made a full disclosure of all relevant facts.
We first deal with Martin. He was pivotal to the whole operation. He was, as previously mentioned Kloppers' close confidante, his second in command, and related to Kloppers by marriage. It was his wife who telephoned the others to arrange the meeting at the roadhouse, he was the one to do the questioning, he called the group together when the decision was taken to shoot, and finally, he fired the commanding shot. The committee finds that Martin knew that they were exceeding the bounds of their mandate and that it was he and Kloppers who had made the decision to shoot. There was no reason to shoot the victims. They did not have any firearms or other weapons, they did not admit to being members of the ANC and neither did they offer any substantial resistence to the treatment that was meted out to them... His application for amnesty is accordingly refused.
The other members of the group acted on the orders of their commanders, Klopper and Martin. Howeever, all the facts above are relevant facts which these applicants omitted to disclose - they did not act simply on the orders of Kloppers, they were in a position to question the reasons for the decision to shoot. The backing up of the evidence of Kloppers that they were told at the roadhouse that they were going to kill people at the roadblock as well as the a revolution-theory, in the opinion of the committee, also constitutes a failure to disclose a material fact. Accordingly the applications of these applicants must also fail.
The first, fifth sixth and seventh applicants who were not in the group and who did not receive direct orders, cannot be said to have known or to have been in a position to establish the reasons for the decision. Nevertheless, they had associated themselves with everything that might have happened by going with the others well-knowing that, depending on circumstances it might become necessary to shoot. They, with the exception of the fifth applicant, also backed up the untruth told by Kloppers and the others about the revolution and that the plan to identify targets and kill people had already taken shape prior to the setting up of the road block. Does this constitute a material fact which they had not disclosed to the committee? If the answer is in the positive, they must be refused amnesty. If the answer is no, amensty must be granted to them. The committee finds that these applicants were taken by surprise when the shooting started and that this was the reason for their panic and their running away from the scene. Their evidence, backing up that of Kloppers' that they were told that there would be killings at the time of the gathering at the roadhouse relates to the reason why the shootings took place and is indeed a material fact that had to be disclosed. Accordingly these applications of the applicants must also fail.
The fifth applicant, Van der Schyff, who, in the opinion of the committee had made a full disclosure of the relevant facts, had acted on the instruction of Kloppers, conveyed to him by a member of the group. Although his evidence was found to be not all that satisfactory in all respects, it was not such as to bar him from being granted amnesty. Accordingly the fifth applicant Martinus Lodewickus van der Schyff is granted amnesty for assault, possession of firearms and ammunition and in respect of the four murders and six attempted murders which were committed at the "Radora" crossing near Ventersdorp on 12 December 1993
Signed by:
Judge President
B Ngoepe
Adv. FJ Bosman
Mr W Malan
Adv. S Sigodi