The Truth And Reconciliation Commission Amnesty Decision
19 April 2001
The Truth and Reconciliation Commission's Amnesty Committee has today granted amnesty to a former commander of the Umkhonto We Sizwe and Department of Foreign affairs official, Robert McBride and African National Congress senior commander of the ANC Special Operations, Aboobaker Ismail.
Also granted amnesty are Ernest Pule, Lester Dumakude, Johannes Molefe, Zahrah Narkedian, Edward Pierce, Marcell Andrews and Matthew Lecordier. Ismail and McBride were granted amnesty for, amongst others, all offences arising from the explosion at the Why Not Restaurant and Magoo's Bar committed on June 14, 1986.
The Special Operations Unit under Ismail's command committed explosions of the sub-station at Huntly Hill in Durban, the rocket attack on the Mobil Oil Refinery, the attack on the Umlazi Police Station and all offences arising from the escape of Gordon Webster from Edenvale Hospital in Pietermaritzburg on May 4, 1986.
The committee found that the applicants met the requirements of the Act in that they made full disclosure of the relevant facts and their actions were motivated by political considerations. The seventy one victims were all referred to the Reparation and Rehabilitation Committee for consideration.
The committee refused amnesty to four Durban security police for their role in the abduction, unlawful detention and death of political activist Ntombikayise Khubeka near Bhambayi informal settlement in Durban during 1987. Hendrick Botha, Johannes Du Preez, Casper Van Der Westhuizen and Lawrence Wasserman were further refused amnesty for the disposal of the body of Khubeka and defeating the ends of justice.
Two other applicants in the same incident were granted amnesty for defeating ends of justice and abduction. Adrian Baker was granted amnesty for defeating ends of justice in relation to abduction and death of Khubeka and Simon Radebe for the abduction of Khubeka committed in April 1987 at Battery Beach in Durban.
The committee found that Botha, Du Preez, Van Der Westhuizen and Wasserman failed to make full disclosure. A former Vlakplaas Unit commander Eugene De Kock, Marthinus Ras, Johan Tait, Wilhelm Bellingan. Johan Hoffmann, Lawrence Haton Nicholaas Vermeulen, Simon Radebe and Willem Nortje were granted amnesty for the attack on an alleged transit house in Diatapeng in Botswana during December 1988. The operation was conducted under the command of De Kock and his unit and members of the South African Defence Force.
Also granted amnesty was a leader of the right wing Petrus Johannes Rudolph for the attack on the British Embassy in Pretoria, incitement to attack the ANC and video recording encouraging the overthrow of the government in 1990.
The committee granted amnesty to Christoffel Smith, Pierre Le Roux, Gert Otto and Hermanus Van Staden for the explosion of a limpet mine in the parking area of J.G. Stydom Hospital in Johannesburg and theft of four United Nations 4x4 vehicles in Walvisbay in 1990.
Also granted amnesty was a general of the South African National Defence Force Temba Templeton Mathanzima for the unlawful training and supplying of arms to the ANC and PAC during the period 1989 to 1994 in Transkei.
General Matanzima a former commander of the Transkei Defence Force in his application said this was done in order to advance the liberation of South Africa as a united country. The committee found that the applicant made full disclosure and his actions were associated with a political motive.
Phila Ngqumba (021) - 4238741 - 4245161
odile@iafrica.com