Amnesty in South Africa Transitional Amnestyinsouth

CEU eTD Collection A study ofthe Committee on Amnesty inTransitional In partial fulfillment ofthedegree In partialfulfillment ofMasterArts Supervisor: Professor Nenad Dimitrijevic Amnesty inSouth Africa: Department Science ofPolitical Central European University South Africa Budapest, Hungary Budapest, James Thomas James Submitted to (2012) By CEU eTD Collection the transistion, as well astheamnesty Africa.process inSouth Amnesty Committee,thisthesis the readerwithadeeperunderstandingof provide will thereader Byanalysing withananalysisprovide selectcases ofthetransition. from truth,butfor aswell.Thisthesis not only will reconciliaiton embarked asearchfor on talkedmost abouttransitions. Unlike thecountries ofLatinAmerica, SouthAfrica in1994. transitioninclusive democracy The inSouth Africa has nowbecomeoneofthe and Wracked Africabecameof them. suffering,South byahistoryofviolence an all Many countrieshave faced governments. Africaisone thepainsofauthoritarian South Abstract i CEU eTD Collection Bibliography...... 67 ...... 65 Conclusion Chapter 3– Amnesty inSouth Africa...... 28 Chapter 2– Negotiations and Democracy ...... 20 inSouth Africa Chapter 1– History of South Africa...... 7 ...... 1 Introduction ...... i Abstract ofContents Table . idns...... 62 3.4 Findings 3.3 The Amnesty Committee in South Africa...... 33 3.2 Promotion of National Unity and Reconciliation Act No. 34 of 1995...... 29 ...... 28 3.1 Writing the Law 1.2 National Party Rule and the ...... 16 Apartheid State 1948-1990 1.1 Colonization...... 7 3.3.9 The Case of Henri Van Der Westhuizen...... 61 Van of Henri Case The 3.3.9 Rakgotho...... 59 of Hendrik Case The 3.3.8 Sikhakhane...... 56 of Goodwill Case The 3.3.7 ...... 54 Bar Magoo’s and Restaurant Not of Why Bombing the and McBride of Robert Case The 3.3.6 ...... 51 Bar of Wimpy Bombing The 3.3.5 ...... 48 4 Cradock The 3.3.4 ...... 44 4 Motherwell the of Case The 3.3.3 ...... 40 Biehl of Amy Case The 3.3.2 ...... 34 Mokgatle Christopher and Diali of Boy Case The 3.3.1 East...... 11 in the Settlement and Trek, TheGreat Expansion: 1.1.2.2 Cape...... 9 of the Colonization Initial 1.1.2.1 Africa...... 9 South in Rule British 1.1.2 ...... 7 Cape at the Rule Dutch 1.1.1 ii CEU eTD Collection election of the Nationalist Party to power on 4 June 1948. It was under the rule of the of rule the under It was 1948. 4June on power to Party Nationalist the of election the native population.Theculmination ofthis oppression cametofruitionwiththe Throughout the years the white minority grew stronger creating new ways to oppress outoftheir way. population present day Africa,South all thewhile killing, subduing, or pushing thenative East India Company. With timesettlers startedmoving east settling thelandthatis now settlers, butotherEuropeans as notably Britishsettlers well,most under theBritish white SouthAfrica. theyears Through Cape Colonygrew,attractingDutch the notonly marking theboundaries of thecolony andcreating thefirstbarrier between black and Colony on 6 the tosupplyCompanyshipsfresh produce,founded Cape the landin order with to farm April 1652. as as well area the fortify to orders with employee, a Company Riebeeck, van Jan Indies. Upon his station for Companyarrival ships rounding the horn of Africa on their way to and from the East arefuelling becoming of purpose sole the area with van Town Cape day present the in Riebeecksettled DutchEastIndiaCompany,who The firstEuropean settlers weremembersofthe planted an almond Party inthelate twentieth century. hedge minority, startingthe Dutch East with IndiaCompany, and Nationalist endingwiththe years the majority of those within South Africa were violently oppressed by aEuropean South Africa is a country with a history wracked by violence and oppression. For many Introduction 1 CEU eTD Collection there own judgement to determine whether amnesty shall be granted. I hypothesis that Ihypothesis be granted. shall amnesty whether to determine judgement own there started to use their own familiarization with the process of amnesty hearings, as well as following the regulations stoped forthisproject isthatastime progressedtheAmnestyCommittee My hypothesis and guidelines set forth gothrougha successfully process ofgrantingamnesty transitionalsocieties. for future in Act No. 34Amnesty Committee procedures will alsoof help to provide a clearer blueprint on how to 1995, and ratherbringing about justice and reconciliationinSouthAfrica. A better understanding ofthe Committee andmore broadly the Truth and Reconciliation Commission werein Amnesty the effective how on perspective abetter us give will it because only their crimes (Act No. 34 of 1995, Ch. 4 S. 20) This question is an important question not behind motive was apolitical there that as proved aswell crimes their of truth whole following thestrict guidelines of granting amnesty onlytothose who disclosed the Promotion ofNational Unityand Reconciliation ActNo.34of1995, specifically the 4of in Chapter setforth goals the fulfil Committee Amnesty the Did question: umbrella of theTruth andReconciliation Commission. Iwill seek toanswer the the under committee’s three of one Committee, Amnesty the of analysis a historical conduct Iwill specifically More Apartheid. after happened what on focus will thesis This Africa. of South Apartheid lasted9May1994,with democratic until thefirstfully electionsinthehistory everything from where someone could live, and shop, to whomthey could love. into place. Apartheid wasnotonly apolitical solution; itwas a way oflife. It regulated 1 Nationalist PartyApartheid that Afrikaans for “Apartness” 1 , the ultimate solution tothe native problem, was put 2 CEU eTD Collection and as: such sources secondary on rely and more importantlytransitional constraints and Reconciliationand reasoning Truth behind Commission, the the Amnesty Committeewill provide theitself. reader with the knowledge necessaryFor forthis a better understanding nationalism. Next Iwillgive a morethorough historyhistory oftheApartheid era. This history of the I will primarily Afrikaner of rise as the aswell Unionization, of period the Natives, and Europeans will cover briefly the period of colonization in the country, the first encounters of provide the reader with a brief yet comprehensiveIn order tohistory answer of South Africa.the above The history questions, todemocracy. rule asauthoritarian/totalitarian well as defend my hypotheses,understanding howbest todealwithcountries going throughatransition from I will firstunderstanding howCommittee isactive progress. of The outcome thisresearch beimportantinboth will effective the that years asthe regulations ofthe following the and interpretation lenient a more amnesty committeeyet continualshiftaway astrictoftheregulations, interpretation andfollowing to from was in Southsee aslight to be able Iwill that I hypothesis amnesty. for the requirements meeting to Africa, as wellcomes it when lenient bemore to prove will Committee the of years later from present as much morestrictly theregulations forthe granting ofamnesty, whilethecases thatI follow will years few first the from casespresented the that show will research my Nigel Worden; Martin Meredith; Diamonds, Gold, and War: The British, the Boers, and the Making of South Africa A Short History of South Africa South of History A Short The Making of South Africa: Culture and Politics and Culture Africa: ofSouth Making The The Making of Modern South Africa: Conquest,Apartheid,Democracy MakingofModernSouth Africa: The by Leo Marquard. The above books are some the of some are books above The Marquard. byLeo A History of South Africa South of A History 3 by Leonard Thompson; byAran S.MacKinnon; by by CEU eTD Collection case study. The knowledge that I gaina Nation of Soul from this part of the study will provide me with use include Antjie Krog and her book sectionFor this Irely sources. primarilyonsecondary thatI Someoftheauthors will African Constitution,1993). (South passed” hasbeen law the after time at any with be dealt shall amnesty such for themechanisms, criteria and procedures, including tribunals, ifany, through which which shall be a date after 8 October 1990 and before 6 December date, cut-off afirm determining alaw 1993, “…adopt must parliament that and post-amble its providing Africa’s Interim ConstitutionAct200 of1993.TheInterim Constitutionclearly states in draft thelegislationfor a Truth andReconciliation Commission. 3 2 Act 34of 1995 itis important to first understand theresults of Committee the Amnestyitself. theJusticePortfolio and Committee understand Tobetter andReconciliationact thateffect theTruth putinto Committee, and tounderstanding understanding thePromotion ofNational Unity andReconciliation Act 34 of1995, the Understanding these stepstwo crucial in the transition process is paramount to parties ( Africa transition.focus primarily Thischapter willonthe Convention foraDemocratic South the of a presentation move to I will Africa, South of Afterpresenting history the providing verythoroughaccounts of SouthAfrica’s past. popularmore and easy toreadbooks onSouth African history,while atthesame time TheJustice Portfolio Committeewas the committee byParliamentput inpower to TheAfricanNational Congress primary in thebeing the opposition force negotiations. 2 CODESA , as well as the events that took place under the Justice Portfolio Committee Portfolio Justice the under place took that events as the well , as ), the negotiations between theruling NationalParty and the opposition . This chapter will be helpful in creating the parameters for my actual my for parameters the in creating be helpful will chapter . This Country of My Skull My of Country 4 , and Hassen Ebrahim’s , and CODESA , primarily South The 3 . CEU eTD Collection asked by Committee memberssee exactly whilewhat was happening. hearing I will be able to see whattestimony to be able Iwill kind Committee Amnesty the before of went that cases questions specific researching By were being from applicants. I will also be black perpetrator/perpetrators. a caseconcerning as one as well perpetrator/perpetrators, awhite case concerning two cases from theremaining four years of amnesty hearings. . I will examine both one and hearings, amnesty of year first the from case one take to I havechosen raids. border look at cases ranging from the assassination of “terrorists” by the secret police, to cross- perpetrators as well asblack. lookat I will multiple regions within thecountry. I will white onboth hearings, focusing rangeofAmnesty awide my case Iwillcover For study whatwasanalysisdiscourse takingplace. actually tobetterunderstand Committee. I will read the minutes of cases, both high profile and lowprofile using Amnesty the before appeared that cases individual into look will I question this answer the overall goal of bringing about truth, reconciliation, and justice were met. In order to not or whether of: question the to answer Ihope Committee Amnesty the of case study set inplacebyI Act34of1995 will lookinto theAmnesty Committeeitself. Bydoinga were that Committee Amnesty the of regulations and goals the established Ihave Once forbemadeclear. Committee the will certain rules andregulations made clear, but thereasoning behindcreating such parameters, and forwriting into law willthese this chapter.parameters be tolightin Notonly come committee members will goals put forth actual the were What question. research my answering for necessary knowledge the in the legislation, as well as what were the demands placed on the 5 CEU eTD Collection hypotheses. decisions able tohanded see what factors played the largest part in their decisiondown. process by reading the This process will prove crucial to helping me defend my 6 CEU eTD Collection Native traditional on Europeans of settling permanent and expansion This house. halfway a establish to orders his fulfilling about went Riebeeck van Cape, the at arriving Upon 28-34). ships.(Marquardestablish ahalfwayhouse 1968, for Company and Hope Good of Cape the to a fleet take to Riebeeck Jan van commanding a resolution India. On4Decemberthe Directors oftheVOC draftedway toandfrom 1651 Hon. Lords to establish a halfway point for Company ships to re-supply and receive repairs on the 6 Hottentots. 5 4 first settlers. In1651the theit was not until midseventeenth centurythattheCape Hopeof Good received its Cape in 1487 in hopes of finding a sea route to India (Omer-Cooper 1994, 17). However, The Cape of Good Hope was first put on the map by Portuguese sailors who rounded the Cape the at Rule Dutch 1.1.1 1.1 Colonization ideology. Apartheid asa political of the establishment and rule Party National of period the further and Colony, Cape understand thehistoryofwhite and black sincerelations theestablishment offirst the and Reconciliationthe Truth Commission andtheAmnesty Committeeitis to necessary Africa. Inorder to understand the events of post-Apartheid South Africa, in particular The purposeof this chapter is to establish a history of Europeansettlement in South Seee.g. Thefirstnatives thatEuropeans came intocontact theKhoiSan and the withwere DutchEast IndiaCompany 5 grazing lands brought about grazinglandsbrought thefirstconflicts between and European Native. The EarlyCape Hottentots Chapter 1–HistoryofSouthAfrica Vereenigde Oost-Indische Compagnie , VanRiebeeckSociety Publications No. 14,pp. 14-16. 7 (VOC) 4 made the decision the made 6 CEU eTD Collection heartlands to find land andestablishheartlands tofind farms. 7 thosesettlers frontierswerelefttothemselves, of costcutting, policies ontheouter they native and manyand settler between problems toincreased small-scaleled expulsion This farms. of establishment battlestimes resulted intheexpulsion ofthenative populations from theirlands and the were fought overexpansion ledtoincreased contactwith native populations. Theincreased contactoften control of the This pounds. five of payment a small for size in acres land. 6,000 to up a farm occupy could Do to VOC This expansion wasbrought about bythe Africa. of heart the into further to expand started Colony Cape the progressed As time Huguenotsmade (Omer-Cooperto theCape 19). Belgian the trip 1994, Colony and Cape. 164French Ultimately arrival tothe farmsupon andgranted freepassage free this as an opportunityto increase the populationofCape: theHuguenots were French Protestants, knownasHuguenots, to neighbouringcountries. The VOCviewed religious freedom toProtestants within the country. This led tomass migration of guaranteeing edict an Nantes, of Edict the revoked XIV Louis King French 1685 In (Marquard 1968, 39-42). settlers. new to land granting as well as Cape the to passage one-way free granting Militia, and hence a stronger defence of VOC interests. Thus, the VOC startedfree burghers a policy of for need an increased to led change This India. with route trade global the on position asastrategic but station, a refuelling just than asmore the Cape view to started VOC Due towarswithEnglandandFrance in thelater partoftheseventeenth centurythe Word for migrantfarmer. Word The at the cape. An increase in population would mean an increase in the Cape trekboer was someone who ventured who wassomeone intothe 8 trekboer 7 who according to company policy CEU eTD Collection law of Government. Itis law ofGovernment. in this other, and that believed justice was best served by the individual and not by the rule of interests globally. In 1795 the British took control of the Cape Colony from control from interestsof Colony Britishthe took globally.where Cape the Dutch the 1795 In to defend its of the eraof Asaresultwar Britain sought Napoleonic this andrule. throughout In 1792 Britain became involved in France,a warwith which lasted Revolution the through Cape the of Colonization Initial 1.1.2.1 Africa in South Rule British 1.1.2 ideology of Apartheid. Dutch settlers,establishment oftheAfrikaner as a new anddistinctnationality from thatof the original the Afrikanerthe to led eventually that thesefactors of Itwasall 53). 1968, (Marquard neighbours” who would onefrom day rulethe South settlednative Africa Xhosa underthe populations. with societyencounters violent many their by and Karroo the of lands arid the on survival the racist “Hisin for struggle freedom bythe both people ahardened become had which areaand Cape developed more and individualisma man’s the from removed far were settlers frontier The peoples. the Xhosa with eventually rights were bred in been obtained by battles with atfirstthe native Hottentots and as they movedEast isolation,are limited far and as far east as the Great Fish River. Most of the landby was sparsely populated, and had the River Olifants the of north expanded had Colony Cape the century eighteenth late the By rights of his become anAfrikaner (Marquard ideology 1968, 52-55; Omer-Cooper 1994,25). culture amongst the individualist astrong to led These policies farmer. thenomadic of to that development and settlement from slide back eventual an was saw we what and law, of rule no had trekboers , one that did not believe in the rule of one man over the trekboer culture that we see the start whatlaterwould thatweseethe of culture 9 CEU eTD Collection established settlers. The initial established settlers. of Theinitial ruleperiod of British “marks theintroduction Cape the to ideologicalAfrica was that of their seventeenthgap century ancestors, not that of the nineteenth century. This provedin South those of ideology The Colony. Cape small the reach to yet had enlightenment the by to causeabout brought were that Europe in developments manythe of Many arrival. British the of time the problems between from years for above, roughly Capehad by 150 As stated the separated Colony been Europe the new British rulersDutch. and thestandards did not in mean increasein living and across However,this wealth board. the rose and livingstandard the that there was population notripled insize, slavery bringingwas moreabolished economical about production, resentment of theReforms madein sectorled large trade the to increases inboth andimports,exports thecattle British by the already prosperous. wasvery British rule first decadeof Capethe facing the Despite theproblems settled inintervention theirlives (Marquard 1968, 91). living anomadic life inharsh conditions, andwerestrongly governmental opposed to were still in East those the while in Westhadadvanced, the those littlevery incommon, Area, and those in the East, the in East, the those and Area, and Drakenstein the CapeTown West, inthe colonials thatof established the groups, distinct weretwo inchaos.There in wasacolony over 1806 took British the Colony that The Cape Colony. Cape the of 1994, 35).TheBritish conquering of Capethe in1806marked adramatic changein the life the Cape, this time with no they Dutch.However, until 1803, giving backtothe ruled in theCape retook 1806 theBritish intention of giving it back to the original rulers (Omer-Cooper trekboers . These two societies were disconnected, having disconnected, societies were two . These 10 CEU eTD Collection it isanothernamefora settler Dutchorigin. of 8 quantity ofBoersthatleft theColony andmoved north. the sheer due to Trek Great the beentermed has exodus This north. headed and wagons their packed families and Farmers own. their on out go to decided Boer the 1836 In bytheBritish. people,a was own land that not ruled theycouldbetheir toalandwhere discontent grew,theAfrikanernorth, looking started As life. way of their on an attack being as settlers Afrikaner established the by opposed strongly were they time at the Colony, Cape the for to bebeneficial proved changes establish astronger government atboth the central andlocal levels. Whilethese against them in the Cape. Not movement was just one checkmore ontheBoerslist ofevils British hadcommitted onlyhe did the British abolish abolition This bankrupt. went even farmers many and hardship, much about brought it slavery, they also started time fortheCapefarmers,at move was abeneficial 116).Whilethis ultimately 1968, to (Marquard Empire British the throughout slavery abolishing bill a passed Parliament British the In 1833 Cape. the at made been had changes many year1835 the By East the in Settlement and Trek, Great The Expansion: 1.1.2.2 the first problems between British and Boer enhance the already sentimentamongstrong settlers the being of adistinctpeople, andmarks This helped 109). (Marquard1968, only which wereaccustomed” to Dutch the colonists to that from different denominations of missionaries were ideas the of apostles vigorous most the and Dutch, not English, language the Holland, not Britain, was introducer the lessit was painful;was not and sobecause often andtoo, this process nineteenth centuries, thebeginning at eighteenth stirredideasof newthe endof and the the that the Europe Boer with a lowercase is the Dutch word for farmer, when itiswrittenwithacapital withalowercase for farmer, B is theDutchword Boer when 8 . 11 CEU eTD Collection in SouthAfrica (Marquard 1968, 139). a holiday still is December 16 day, andthe River, Blood of battle as the isknown battle adecisive toanendinDecember whenBoerwon This battleagainstbrought 1838, Zulu. was unity sense of real no with group connected a loosely being of problem This lands. it difficultfor Boer to trulysettle down andestablish themselves in thenewlyacquired leadership broughtabout much distrust amongst the different feared the law, and resented the idea of one being ruled by another. This distrust of problem was that of not being a united group. The chief The war. of fear and disease of that beyond going problems many faced Boers The area was traditionally Zulu. (Marquard 1968, 137). This Africa. South of area Natal the into moved had population Boer a large 1838 By and ofbattlethe Native with populations. sickness, of fear constant was the There Boer. the for easy experience an was not Trek The Africa. South of areas Natal and Transvaal the into and River, Orange the across northwards groups small in Boers moving with years, many for lasted Trek Great The saying: published a letter written and signed byPiet Retief, a leader amongstthe so tothe Just as the American colonists had published their Declaration of Independence in 1776, may meet withbeyond theboundary” (quoted in Marquard 1968,124). intentions respectingproceedings our towards the native tribes which we summarythe mostsufficient reasons, weare induced torecord thefollowing of oursevering sacred that tiewhichbinds a Christian tohisnative soil, without motives of incapable us believe should large at world the and they that anxious are and brethren, our of estimation the in high stand to as wedesire “… for taking so important a step, and also our Voortrekkers published theirs in February 1837. The 12 Voortrekkers trekker were frontiersmen, they frontiersmen, were Grahamstown Journal groups and made Voortrekkers , CEU eTD Collection independent state. The 2007, 18). Just a short two years later the British granted the Afrikaner yet another sovereign powerover a region with Afrikaner sovereignty (sahistory.org.za). British replaced it peoples, Afrikaner tothe independence granted only not Convention Sand River ConventionandtheBloemfontein wasthatBloemfontein the signing ofthe Bloemfontein Convention in February1854. The difference between the Zuid-Afrikaansche Republiek the SandRiver Convention,establishing thefirst independenttruly Afrikanerstate the at wassigned independence granting Thetreaty River. Vaal ofthe north independence land oftheirown.Finally in1852,the Britishgovernment granted theBoer 11 present-day North-WestProvince) part ofthe 10 9 This event marked aturning point inthe lives of the Transvaal area, fleeing “ fleeing area, Transvaal the into northwards disperse to started Boer the Province, Natal the of annexation the After independence. for fights further from Boer the deter not did Natal of loss The groups. European two the between deeper the wedge driving annexed Natal, taking away the Boers hopes of having their own state in Natal, and only fit. However, saw asthey rule could they this which state, own their had they Colony Cape the departed state was not to lastBlood long. River In 1843the Boers(history, were info.gov.za)able to unite theas a Britishgroup. Just four years after they had “The yoke “The ofEngland” Orange Free State (area of the present-day Free State Province) State Free present-day the of (area State Free Orange as AfricanRepublic (areaofthepresent-dayGautengProvince wellasa South large Oranje-Vrijstaat die juk van Engeland 10 , informally known as the Transvaal Republic (Worden Republic Transvaal asthe known informally 11 was granted independence by Britain with the with byBritain independence was granted 13 9 ” (Meredith 2007, 65), and searching for a Voortrekkers , with the victory at the victory , with CEU eTD Collection 12 “a liberal Burgers, President By thelate the AfricanRepublic1870s South was in financialandpoliticalturmoil. fields withinwereannexed totheBritishCrown (Meredith 2007,26). the British imperial machine. In 1871 the territory of Griqualand West and the diamond would become the city of Kimberley, the Boer saw the ever so familiar rule, howeverencroachment itwas tobe short lived. Withthe founding ofdiamonds in1867 inwhat of British from independence and their freedom their received finally had Afrikaners The the Israelites ofpastas chosen God’s people in Africa (Meredith 70-73). 2007, as well as a strengthening ofan conservative ultra national identityrelating theBoer to resistance resentment by theBritish, accepted ledto aneverdeeper theBoer, of without annexation Transvaal while power. The of the werethesuperior British and because the violence, avoid to was annexation to agreed they reason only they that stating power, burghers of the Republic. the as were outraged, was Burgers British. the to was annexed However Republic the In 1877 The Volksraad and Burgers finally caved to Britishdisputes Pediwith the nation. (Meredith 2007,66). Burgers efforts at reform were further hindered by ongoing land outraged at thishowever was his liberalization of theeducational system. constituents HisBoer were move claimingfor hisattempts atliberalizing the Republic. The most problematic of hisreforms that Burgers(Meredith 2007,66),was highly unpopular amongsthis Boer constituents most notably was “’taking the Bible out of schools’” MinisterintheDutchReformed Church predikant 12 from the Cape, educated in Utrecht in Holland” in Utrecht in educated Cape, the from 14 CEU eTD Collection power toruleoveritself independently. Throughout thenext thirty-eight years the control, butwas similar to Canada inthatit was part British ofthe Empire, buthad the British under formerly longer no was Union The created. was Africa South of Union the and wasdeclared, Unionization War Anglo-Boer the of end the after years eight Just day that theywouldone rise again topower. declared and children, and women their murdered had British the that claiming heart, a British victory in essence, but the Boer never truly surrendered. been have war may the of outcome The 457-468). 2007, (Meredith camps Theyconcentration took the loss to approximately 26,000 of which were Boer women and children who had died inthe deployment of 450,000British imperial troops, and inroughly 75,000 deaths, bloodiest wars the sub-continent had ever seen, lasting for three years,(Meredith and resulting in 2007, 422). war’” of Thedeclaration formal asa action the regard to Britishcompelled be regret great failed to comply. What borders ofthe Republic alongwould with all reinforcements within forty-eight hours or “’with ensue was one of the Republiek PresidentOn theninthofOctober 1899 Kruger behalf on ofthe War. Anglo-Boer republicthatledto the Boer minds oftheWitwatersrand. Repeated by attempts theBritishtogaincontrol ofthe theTransvaalandgold of control weredesperately theBritish togain seeking 1890s just a large influx of of Britishdiamonds, the migrantsBritish started toto again. competethe With the discoverygold for ofcontrol goldfields on the Witwatersrand of the inland. on1886, like the AtwiththeIt wasnotuntil mid1880’sthat theBritish tookupa keen interestfirst intheTransvaal the discoveryRand, there washowever a by the gave the Britishanultimatum, troopswithdraw all British fromwithin the 15 Zuid-Afrikaansche CEU eTD Collection 14 majority inthe1948elections. (Britannica.com) party in1938, latercombiningforces political with J. NationalHertzog’s the Partytowin use startedof Afrikaans oftheAfrikaner,for the hisown andeventually as thelanguage Afrikaner Africa,and of He strongly of South anardentsupporter Nationalism. fought University ofStellenbosch.He wasanordainedministerintheDutchReformed Church University ofUtrecht Netherlandsafter hispre-doctoralstudies finishing at the 13 Malan Francois Daniel of leadership the under power rose to first Afrikaners The 1948-1990 State the Apartheid Ruleand Party 1.2 National leadership Daniel FrancoisMalanin1948. of Afrikaner discontent and led rise ultimately tothe oftheNationalParty underthe laws of the country.segregation racial first the establish asfar to so going interests, others all above placed There policiesBritish ruled the country insuch away thatEnglishSouth African’s interests were of English supremacy also lead to an increase in in itsdetermination tomaintainwhitedominationintheface ofrisingmass resistance; population. Malan andhisNational Partypromised many things, “itsprimaryappeallay policies enforced hadtaken onthem toformsofmilitantopposition against thewhite segregationist oppressive the accepting and quiet remaining blacks of years after 1940s, the of beginning the At understandable. indeed was blacks of fear This power. to come to that theAfrikanerand hisNationalParty enabled importantly population Malan more blaming the Sunday mornings,or at thepulpiton what was taught intheclassroom, as well as South Africa. It was through the use of both propaganda tools such as what was taught blacks, andevenfurther,thesuperiority ofthe Afrikaner peopleoverwithin allothers Party. National pro-Afrikaner leaderthe of and the ofAfrikaner Nationalism, known advocate Black Threat Cape Malanwas andborn inthe Colony, received indivinityfrom adoctorate From its outset was a party based on an ideology of the superiority of whites over swart gevaar 14 , for all the woes that had befallen the white population, and 16 13 , a well- CEU eTD Collection 15 (Hendrik Minister Prime as elected was Verwoerd Hendrik 1958 year the By laws. segregationist of entrenchment their so did stronger, became Party National As the white supremacy” (Meredith 2007,525). racial edifice the world has ever seen – a vast apparatus elaborate most of “…the lawsbecome to was what of beginning and the was only law controls This Africa. to enforce Prohibition of Mixed Marriages Act, banning any interracial marriages within South complete segregation intopractice. Thefirst law,whichtheypassed was in1949, the of goal Party’s National the put Parliament elected newly the and Malan start the From ensure thatitremainedanAfrikaner rest oftime. Stateforthe to could that he all do would (Malan) he that and State, Afrikaner an wasnow Africa (Meredith 2007,525).The obviousmeaning behind thisdeclaration wasthat South since Union next forty-sixyears. During hisinaugurationaddress Malanstated, first“’For the time establishing aprecedent ofAfrikanersuperiority inpolitics,which would lastforthe Immediately after comingpoliticallyestablishinglaws protectingwhitesboth andeconomically. to powerwhites from the black heathen was through complete segregation as well as through Malan segregation. Itwas claimed, and more importantly believed,put thatthe only way to protect into placeinfo.gov.za). Themostcompelling moveby Malan was forcompleteracialhis proposal an all life, the professions and business; and theremaining abolish imperial ties” (history, Afrikaneruplift poorAfrikaners; challenge thepre-eminence of English-speaking whitesinpublic cabinet, 1910 15 , South Africa is our own, and may God grant that it will always remain so’” 17 CEU eTD Collection help of its covert unit based at Vlakplaas started to play an ever-important role in role ever-important play an to started basedatVlakplaas unit itscovert of help by by the government. a tighteningofcontrol The SecurityPolice, specifically withthe launching armed attacks on state organisations throughout thecountry. This was met out violence broke out. The armedwing of theANC, Umkhonto weSizwe,started all that 1980s the until was not it However, worse. got only whites and blacks between detention trialwas (history, without introduced info.gov.za). pointrelations Fromthat and emergency of a state imposed government the massacre the After crowd. the into fire opened police when killed were protesters Sixty-nine 1960. of March in Massacre Ant-Apartheid resistance came intotheinternationalspotlight withthe Sharpeville jail. to taken automatically were pass they a valid without the country in designatedcarry passes where enoughblackswereto that required Soon info.gov.za). they were (history, states allowed native semi-autonomous became later what and Bantustans, to be.as known were what into them move and homes, their from blacks remove forcefully If a black personcolour groups, White, Bantu,Indian, and Coloured. The government thenstarted to was stoppedAfrica were byrequired the South of citizens all start, the At rate. alarming at an pass laws to started government policeto register with thethe strictest sense (history, info.gov.za). With the new ideology ofapartheid state,in place, the and were assignedcontinuation ofsegregationist policies spheres into all of life,itwassocial engineeringin to one of the the was essence it in Minister, Prime becoming after four Apartheid introduced Verwoerd around. that turned Verwoerd mild. somewhat and disorganised been had government Party National the of policies segregation the Minister, asPrime nomination Verwoerd’s became entrenched inSouthAfrican life under thename ofApartheid. Until the time of segregation that Verwoerd of leadership the under was It sahistory.org.za). Verwoerd, 18 CEU eTD Collection in an all out civilwar. in anallout South African society. By the time de Klerk became President in norm the became violence police daily inas as well 1989, Assassinations, state. the Southsupporting Africa was 19 CEU eTD Collection democratic nation. democratic a new to and Apartheid from away transition African South the of start the to led ultimately that (ibid) dispensation” just new and a and peace reconciliation, key to isthe negotiation every agrees that leader processofnegotiation priority…Practically highest the the of the end of Apartheid, it was F.W. de Klerk’s statement that “the Government will accord canbearguedwasthestart asa This topreserve itshope speech country. Africa future could coming together of leadersthe from of all groups society only was the way in which South The isinterest. innobody’s which hestates conflict, and continue violence with the to Africa option hadwas only the South further that other Klerk argued De (ibid). lasting peace” understanding among the representative leaders of entirethe is population able toensure negotiated only a Africans that of numberincreasing by South an growingthe realisation movements becoming aneveryday DeKlerksay:occurrence. to “Underlying wenton this is to an end in 1980s the large-scalewith violence by both Governmentthe and the resistance forviolence all years,years. hadbeen with thefirst butthat scattered Things thirty ok came forty-two for Party National pro-Apartheid the of rule the under been had time that at Africa automatically ask, “What country of Klerkmust change”our irrevocably 1990).One drastic (de on road the is this ‘road of 6 the September on elections “Thegeneral statement: the with De Klerkopens drastic change’ that made was this the worldof over. perception hisopeningaddresssuchashock de Klerkthat de Klerk speaks of?” someoneSouth who would fight for of viewed byNational KlerkWillem Party, asbeing athe member was de conservative all the preservation of thehappenedin few thenext minuteshas gone downin history books across world.the Frederik Afrikaner as well as forfor hisfirst What before headeverspeech Parliament of Republic. stood as Africa, the South Apartheid. It On February second 1990F.W. deKlerk, newly the elected Presidentof Republicthe of Chapter 2–Negotiations andDemocracy inSouth Africa 20 th 1989, placed 1989, CEU eTD Collection “The Government and the ANC agree on a common commitment towards the resolution of resolution the towards commitment common a on agree ANC the and Government “The state: SchuurMinute lines The Groote the openingof a democratic state. to transition the leaders of sit ANCthe to down for a discussion how about Country the withwould proceed of stage Thefirstnegotiation was forthe deKlerkprocess negotiations. successful and for met measures hadbeen assuretheDecember 1991wasusedasatime necessary to openingParliament and negotiations speechat on of formal start 2 February 1990 the in Klerk’s inin betweende time The negotiationsJohannesburg. 1991 started Formal December wasorganisations in force, willbe identified and released” (deKlerk 1990). another because committed they or organisations of members of one these were becausethey merely offence and isbeing sentence rescinded. serving anumberof subsidiary organisations prison People whichParty Communist African South the Congress, Africanist Pan the Congress, National African was the of “ Africa. prohibition The South in negotiations merely of stages initial the to legitimacy an oppositionthe well parties as as manyof released politicalthe prisoners much gave offencePAC banned.were The fact duringhis that de Klerkspeech heeded andunbanned Mandela becausemanyso men locked awayinlong andas prison, as parties suchastheANC opposition and a prohibition placelong not therewere negotiations as couldtake as that Mandela hadmadetheargument negotiations from of Furthermore, beginning whatthe hesaid. about Klerk serious was on onede proved that address hisof Africa, parliamentary days within inSouth ANC andresistance of the the figurehead for Releasing the Mandela, African South State. the and against conspiracy sabotage long for year sentence yearshis of last three he the twenty-seven spent where Paarl, Nelson Mandela from prison.release wasto process negotiation the to start a made as Klerk de moves that thefirst One of Mandela was released from Victor Verster prison, outside of 21 CEU eTD Collection governmentandAfricanleading being the National Congress the figures. two Thegoal of the DemocraticAfrica. Opening 1991with South on 20 December National the Party a for Convention the was Africa South in negotiations the of part important most The possibility. a was transition where point a to get to able been never have would process negotiation the temporaryallowed for make not equal. more government Hadthe to the system they were willing truly grantingmajority in South Africa that they truly wereblack seriousthe in showing about entering government Party National into the and negotiationsKlerk de by move important and that of amnestypart take and in Africa South to return could they thethat toso process, negotiation the to necessary Conventionmembersbeing he sawas whom Congress, PanAfrican the or Congress National African inthe leaders as forof a formerlyDemocratic such formerly temporarilymembers bannedamnesty groups, for Presidentto to of the grant Southbanned allowedessentially (Ntoubandi). Act The act passed Indemnity the In 1990the government Africa. groups The Indemnity then Schuur Minute)select indemnity. (Groote Actthe with through go to elected was Government The negotiations. into enter to a threat verywithout Africa up Congress, to thiswere considered who pointenemies ofcouldstate, South the re-enter in formerly members banned African groups, of members particular of the National that so immunity of form some creating of necessity is the document the in mentioned and the government forAfricanParty National the benecessary whatwould established The meeting further Schuur Minute) (Groote negotiations” of process a peaceful stability and to to commitment National a as well as quarter whatever from intimidation and violence of climate existing the Congress to enter into formal negotiations. The first thing 22 CEU eTD Collection 17 16 population white of the with back68 percent came The results progress. to constitution inAfrica wereaskedif forSouth thenegotiationthey for anew wished democraticprocess The referendum is perhaps one of the most significant points in South African history. Whites referendum on 17 March 1992. in, led with direction country awhites the the that was moving governmentto the only discontent of sign strong This Africa. South throughout attacks of serious a with negotiations the and country the threatened Afrikaners conservative of up made party right-wing ultra an Party, Conservative The problems. many faced however, Convention The fulfill. In early five working were established,1992 and groups eachwith a different task to role and(Giliomee 2007). Bernard, territory” its of whole the over isexercised authority sovereign in which non-sexist and participants twenty the of nineteen needs” (Giliomee and Bernard, 2007). However, a Declaration of Intent was finally signed by probable ANCmajority, wouldhave a blank chequetodrafta constitution ANC suited that Party Freedom Inkatha the and Party National whilethe draw upaconstitution, assembly could constituent only that an elected ideashow a of new constitution TheAfricanshould bedrafted. National Congress “insisted had different Party andtheNational Congress National African the beginning From very the capital of Pretoria. administrative of the south placeSouth inAfrica. TheConvention Park,just WorldKempton TradeCentre took atthe newa democratic which establish establishwould new constitution, to a Convention was The government of Bophuthatswana declined to sign declined governmentofBophuthatswana to The AnethnicallyZulupolitical party 17 “committing them aunited,to democratic,non-racial 16 opposed this, fearing that an elected body, with an body,a with elected fearing this, that opposed 23 CEU eTD Collection 18 Congress equalsnegotiation in the butrather process, scalesthe of had tipped infavor the longerAfrican and National were thetippedParty the No National thepower. scales of The tables howeverturned in massacresJune of 1992. The inBoipatong both and Bisho disproportionate amount of power. regions giving their Bernard, could 2007), and them protect (Giliomee a advantages” Congress was also suspicious of federalism “regarding itas a means whereby wealthier development of a vigorous civil society” (Giliomee and Bernard, 2007). The African National and its the toes, on keep thegovernment to representation, opposition as ability their proportional assuredunder undermajority representation bytheir rule adequately protected be would parties “minority that argued further They powers. vetoing minority and coalitions, proposalsmade the National bythe Congress strongly enforced They rejected Party. rejected strong regional local (Giliomeeandand governments” The Bernard, 2007). African National generously weightedgave on and basis, asenatethat as of majora rotational leaders serving parties, president the representation of “enforced presidency the acollegiate composed coalitions, National Party proposed to minorityThe Congress. National African the and Party National parties. the between differences fundamental It advocated to inwas due breakdown negotiations The table. from negotiating the a Congress National federalAfrican the of system withdrawal the with 1992 of May in a standstill to came soon with Convention The nation. democratic world that the and government, the the showed history African in South people moment landmark This yes. saying of South Africa were ready for an end to Apartheid, and for a new The capital of the Ciskei capitalofthe The 24 18 CEU eTD Collection together, and end the negotiations quickly in order to save South Africa from self destruction. Itbecame (Giliomee actorsinvolved the andBernard,2007). they must to obvious work that ultimately process despite manythe that vicissitudes” interdependence on kept track amutual weaknesses created was interdependency. “It this recognition mutual of mutual the forces.of This recognition armed intheirof fullcontrol were respective an increase in violence. Thisincrease in showedviolence that neither deKlerk Mandelanor causing the economy spiralto intoeconomic decline. Likewise, the country was experiencing world, western the of most by sanctions facing was country the Economically crisis. of time “wasimbued with a sense of urgency” (Giliomeeand2007). South Africa Bernard, wasin a Process Multiparty The Negotiation 2007). Bernard, (Giliomee and Negotiation Process’ name ‘Multiparty new the 1993, under in April of negotiations wereresumed Formal hada newconstitution. toestablish government interim the for which timeframe strict a adding terms these to agreed Party National African The Africa. South for constitution final and new a establish be to would job whose Assembly Constitutional elected an establish then would Parliament elected newly The Unity. National which a newall-inclusive Parliamentwouldbe established, as aswell a Governmentof in elections andfair free establish would Constitution The Parliament. Tricameral current the constitution shouldthat multilateral be through drafted negotiations, and intoenacted law by followedRecord deKlerk’s proposal earlier theConventionthat should establish interim an way for negotiations theresumption informal 2007).The 1993(Giliomeeof and Bernard, making of Understanding Record the KlerkMandela signed and On 1992de September 26 Party. National with the negotiations into make to African them Congress,givingpower re-enter necessary the and demands National 25 CEU eTD Collection committed in the course of of (Interim in committed of conflicts the This past” the Constitution, course the 1993). be inof withacts, omissions and granted andassociated respect offences objectives political shall advancereconstruction, reconciliation amnesty and “In to such mentioned order goals. The next paragraph of the post amble sets out clearly whatmust be doneachieve to the above process. transition African South in the next happens what understanding to crucial so is statement above The for retaliation,not aneed forubuntubutnot victimisation” (Interim Constitution, 1993). needbasis forbutneed for isavengeance, but there understandingthat not afor reparation In sought. paragraph four of postamblethe said “Theseis now it be can addressed on the These words tell of the history that South Africa has faced, as well as of the future that is post amblefollows: the readas transition away from its violent past, into a new free and fair democracy. The opening lines of The post amble theof constitution states clearly what is needed for South Africa tobe able to to come to an agreement on how best to deal with the atrocities of the past. inminute deal pushed for retributivealast justice. However, parties negotiating the were able up the past, and towhoworked in upholdsome wayto Apartheid and Nationalthe Party. tocover They wanted just move those particularly past, the of crimes with forward. involved those all for amnesty blanket of a system The African deal Africa’swith South The past.National from Party beginningthe desired,andfoughtNationalfor Congress to cross was how to hurdle largest the that became it obvious continued As thenegotiations on the other hand irrespective of colour, race, class, belief or sex” (Interim Constitution, 1993). Africans, all for South opportunities development and peaceful co-existence founded human democracy andfuture recognition onthe andof rights, a injustice, untold conflict, and suffering bystrife, divided society characterised “This historic Constitution provides bridge between a pastof the a deeply 26 CEU eTD Collection shall be dealtany with at after lawtime the hasbeen 1993). passed” (Interim Constitution, includingmechanisms, and criteria tribunals, which any, procedures, such amnesty if through for the providing before 1993,and 6December 1990 and after8October shall beadate a law which determiningcut-off a firm date, shalladopt Parliamentunder Constitution this “To amble this Parliament. end, The final elected the newly post is to the part of a directive compromise. comepartiesled violence to two into tothis of momentous a relapsethreat the that giving them the power to in destroyforce, essence military, police andthe the yetstill National controlled the Party process, all that had been achievedCongress, andthepopular of support citizens,andsohadthe in power the negotiation the up until that point. National African The past. of the crimes deal howwith to the of opinions had different It was the future of South Africa. As stated above the National Party and Africanthe National Congress decision to grant amnesty for certain crimes of the past was a very important step for the 27 CEU eTD Collection by the South African Parliament. passed ever law controversial and complex most is the It 1995. July 19 on Mandela Nelson President by law into signed was Act Reconciliation and Unity National of Promotion The elected asthechairpersonJustice Portfolio ofthe Committee. Johannes de Lange a white focusandthecentralpointin beginning,legislation” (Krog, the 1999:8). AfrikaansThe ANC memberat the timeof the stated African it bluntly:National “Victims, Congress andis not perpetrators,Truth Commission. In an interview in 1994 then Minister of Justice Dullah Omar said: beginning of the process of job with Atthe Constitution. Interim of the fulfill demands the to laws necessary the itcreating tasked was was Committee decided Portfolio Justice The thatCommittee. whatPortfolio wasJustice the necessary was the introductionestablish firstmeeting newlyelectedOne thatthe didthings Parliament wasto of the upon of a Law the 3.1 Writing Bill” (Krog, 1999:14) Committee the total, In document. discussion anew to prepare night the through spent worked having clothes, wrinkled eyes and red with meeting at the 127 hours civilservants up turned time the hoursandminutes. Manya in100 53 Bill and 30 submissionsminutes and it discussed, compiledpublic submission was made. It listened thantwenty formore hours to andon drafted the various clauses Truth “ of the Commission 1999:8). process amnesty stories”(Krog, processofvictims’ withthe responsibilityof moral – I suggestedthat is acombinationofthe why public scrutiny. But to humanize our society we had to put across the ideaSouth Africa what that developed a view so basis. And moral asound on country our needswe put that ensure would a waywhich in violations all with deal to found is a mechanismlike Quatro,there was a strongfeeling somemechanism be that must whichin thecountry, and inparticular whathappened inANCtraining camps would happened had what discussed ANC the of Committee Executive National open up the back decisions. toANC goes ideaCommission of “Thea Truth truth for spent six and a half hours on the Truth Commission Bill before any Chapter 3–AmnestyinSouth Africa 28 TheCommittee When the should be the CEU eTD Collection 15). Freedom Front.Ilikeit, those responsiblerectify it” (1999:14- forthepast working to Koos van der Merwe of the IFP, Danie Schutte for the NP and Corn It was Johnny de Lange as chair, Willie Hofmeyr from the ANC, Dene Smuts of the DP, in wasdone by Afrikaans? committee legislation core finalizing of the the the that remember 19 hadeverseen. words that theworld Actareof intent. Theopening of the anexplanation and Reconciliation Act No.34 of1995, established themost thorough truth commission CommissionThe final Truth law,formally known as ofNationalthe Promotion Unity 1995 No.34of Act Reconciliation and Unity National of 3.2 Promotion theonesfighting torectifythose the pastwhowere wrongs. Like the journalist from important. was This speakers. ofAfrikaans up made was the Committee of group core andbe thelaw.The Committee sharetheiridea should considered whenwriting of what fact that every citizentransition process as muchas the simply establishment oftheTruthCommission. The no matter how 19 weak, or how strong, was able to write to the The process of establishingCommission theTruth wasanimportantaspect ofthe Journalist Antjie Krog Antjie Journalist Reconciliation Commission…”(ActNo.34,1995). saidcourse of thepurposes objective a political with associated toacts relating conflicts amnestyof the past duringfate orwhereabouts ofthevictims ofsuchviolations; thegranting of theto saidor outsidethepersons Republic, emanating fromtheconflicts ofthepast, and the period;to … human rights committedand during the period from 1March1960 …within forprovidewho the picture as possible ofthenature, causes and extent ofgross violations of make “To provide fortheinvestigation ofas andtheestablishment complete a for the establishment of a Truth and 19 writes in her book: “A journalist from Beeld says to Antjie, it was those responsible for the crimes of crimes the for responsible those was it Antjie, saysto full disclosure of all the relevant facts relevant the all of disclosure full 29 Beeld committedinthe é Mulder foré Mulder the reminds me: ‘Do you CEU eTD Collection 20 the Amnesty Committee; power was held by judges, who were to be impartial and make on present were Commission Reconciliation and Truth the of members While a Judge. Reconciliation Commission. Itwas to actlikea body,with judicial its Chairperson being and the Truth from independence had Committee Amnesty the Committees, shall be commissioners” Committee the of members other such of three least at that Provided Committee: the of the Vice-Chairperson and,after consultation with theCommission, theother members (Act No. establishes the CommitteeonAmnesty. President “The shall Chairperson, appointthe 34 Ch. 4 S. 17 ofthePromotionChapter Four National of Unity andReconciliation ActNo.34 of1995 Sub-S 2, 1995). Unlike ofthePromotionNationalUnityandReconciliationFour of ActNo. 34of1995. the othermembers” (USIP). The most important information forthis thesis foundis inChapter staff three-hundred approximately by supported “were commissioners seventeen The support of the past Apartheid It1995). wasthatthe important commissioners active were nothighly in eitherthe regime, or personsof one of whothe areopposition impartial proper and be fit shall “…commissioners states: Act the of Seven section Two Chapter groups and who of dothe not past. havewell asto,along withconsultation fromthe cabinet, elect theothercommissioners. a high politicalas chairman, the elect to power the given was Mandela Nelson President Tutu. Desmond profile” (Act No. Bishop Anglican by was chaired and members, 34, seventeen of consisted Commission The Committee onReparation andRehabilitation. the Committee onHumanRights Violations, the Committee onAmnesty Committees, three of consisted Commission Reconciliaiton and Truth established The The focusofthisThesis The 30 20 , and the CEU eTD Collection Section twentystates whatrequirements must be met forthecrime to beconsidered to disclosure of relevanta full made has applicant the (2) and objective, a political with associated be(1) crime facts (Act No. 34 Ch. the that necessary is it beconsidered, to 4 application an for that S.states Act The arise. 20 Sub-S 1, 1995). that effects Subthe and amnesty of the granting with deals Four Chapter of Twenty sectionSection two of hand. at application the of dispose committee applicants. trialthenthe Likewise,if anapplicantwascurrentlyinvolvedinacourt had the power incarcerated cases involving to precedent give to wasrequired Committee The to suspend those frame. time allotted proceedingsmeet the requirement of being for an actassociated withapolitical objective in the in orderfor it to be accepted,to or they couldconsider reject the application on the groundsthey could return itto applicant the with anexplanation of thingsthat must bechanged that it does not and Committee would review the application, at which point they could either accept it as is, political objective…” 1, Oncereceiving18 Sub-S 1995). (ActNo.34S anapplication the that any person who is responsible for any “act, omission or offence … associated with a Chapter Four moves into the procedure of applying for the granting of amnesty. It states established theAmnesty itsmandate. Committee, but setforth Section Eighteenof The following paragraphs will gothrough Chapter Four ofAct No. 34, which not only to functionaswellas it did. independence granted totheAmnesty Committee to actasacourtoflawthatallowed it their judgements on the facts presented to them in each of the cases. It was the 31 CEU eTD Collection motivated crime. a politically indeed was committed act not the or whether determine to were members The writerswenteven fartherinsetting forth strict guidelines on howthe Committee applicant toreceive amnesty. amnesty. The section sets forth clearly what requirementsd’état must be (Actmet in order forNo. an acoup was attempting applicant the if (5) 34 and struggle; political the further would Ch. 4 S. 20, 1995). of anorganisation oraliberation thebonafide movementwith belief that thecrime In essence, Sectionpublicly knownorganisation liberation or movement; (4)be member committedbyany Twenty is the a against duties, his/her of scope the in State, the of employee by an blueprint becommitted (3) for the andfurtherance ofthe political strugglewaged bytheorganisation ormovement; known organisation orliberation movement, and have been committedinsupportof cut-off date; (2) it must havehave had a politicalbeen objective. (1) committedit must have fallen between the 1 March 1960 and the by a member or supporter of a publicly 34 Ch.4S.20, 1995). personal gain…or(ii)outofpersonal malice,spite…” ill-will or (ActNo. objectiverelationship and the proportionality of theact, omission or offence tothe pursued,objective pursued, andinparticularthedirectness andproximity of the but political the and oroffence omission act, the between relationship does notcommitted includeinstitution, liberation movement person orbodyof which the who theany actact organisation, the of, approval with the or of, behalf oron of, order was… committeda member, ofan the execution theact,omission oroffencewas in whether committed an … agent(i)State property or personnel oragainst private propertyorindividuals; (e) for or a supporter;act, omission oroffence was primarily directed at a opponentpolitical or the whether particular in and offence, or omission act, the of objective or and (f)object (d) oroffence; gravityoftheact, the offence, the omission including the or omission act, the of nature and factual thelegal (c) thereto; reaction course particular whether theact, omissionoffence inthe was or committed of or as(b) part the context “(a)of the motive of the persona who committed thepoliticalin act, omissionwhich or offence; the act, omissionuprising, or offence distubance took place, and inor event, or in 32 CEU eTD Collection 21 Phokeng. Itconsisted judges, ofthree Justice Hassen Mall The Committee onAmnesty 1996inthesmallcommunity of opened itsdoors 20May Africa South in Committee 3.3 TheAmnesty makingthereaccount when decisions. Committee’s decisions I will be able to get a grasp on exactly what factors they took into the reading by Likewise judgement. of backdrop asthe used ones the indeed were principles above the that me showing lawyers applicants by presentations or members, While reading through theIt iscases, these aboveI will berequirements closely looking that I forwill questions use as my startingby Committee point for my case study. will seek to answer the questions: Did the Amnesty Committee hold strictly to the guidelines the holdstrictly to Amnesty answerthe Committee Did questions: the seekto will The purpose of this section is to provide an analysis of the Committee’s work.. This analysis applicants. committees were grantedwith thethe power number toAmnesty hear cases,Committeeof applications and establishedto2000, grant or completingdenya number amnesty until itslastand Amnesty was May 1996, hearinginDecember of The Committee active from of sub-committees hearingsto their in order that tofinal better were cope decisionsWilson holdingtheposition Vice-Chairman. of put beforeJustice with theCommittee, of chairperson the as was elected Mall Justice Khampepe. init. 2001. These Practicingsub-B. Ngoepe, theas wellpowers as twogranted, commissioners, the Advocate Chris de Jager, and Mrs. Sisi Justice Mall passed away during the lifespanpassed away oftheCommittee. JusticeMall the during 33 21 , Justice A.B.M. Wilson,Justice CEU eTD Collection throughout his state, and placed his own people intheemptyseats hisstate, ofpower. people throughout and placedhisown leaders tribal traditional the of many removed Mangope reign his During fist. iron an with Bophuthatswana ruled who dictator aterrible was Mangope Mangope. Lucas President of leadership the under homeland anindependent was Bophuthatswana Bophuthatswana. of homeland thetribal of apart was tribe their years Apartheid the During tribe. Baphokeng the of members both were Mokgatle Christopher and Diali Boy Mokgatle Christopher and Diali Boy of Case The 3.3.1 in my as wideand beshown analysis. covered sothatcould done, arangeof crimes research based on selected, wererather random. not was Cases Thecaseselection Africa. South forin democracy struggle the thathappened during things some the worst representative of are they casesbecause these selected I internationally. known cases arevery well perpetrators Most black of were fighting casesdealing Apartheidthe for state. the with that officers aredealing former police with For examplemost casesperpetrators of dealingwith the white in cases. actors the to the due were selected cases other The Amnesty Committee. before the before the Amnesty Committee. The last case that I look at was one of the last cases that went understanding as possible. The first case that I look at for example was the first case that went fullestrangeof getthe to inorder chosen Caseswere blackperpetrator. as wellone of one cases the dealingwith memberusually perpetrator, a white security of a the apparatus, Committee. Amnesty I the before took went that cases ten taken have two I questions cases above the answer to order In from each year that the Committee was active, 1996not, then factors didwhat they intoaccounttake most frequently in making their decisions? to 2000, set forth in Act No. 34 of 1995 while determining the eligibility of applicants for amnesty?; If 34 CEU eTD Collection disestablishment of Bophuthatswana were discussed. The Phiris also talked about how meeting where returntheirexiledthe topicsofboth Chief, of the and the 22 Baphokeng Tribal ActionCommittee. Onthe29 the of members were Mokgatle Christopher and Diali Boy both above As stated Bophuthatswana that the two men committed their crime. of existence the and Mangope Lucas President of rule the ending of goal this with It was place. in put he that leaders the and Mangope President of leadership the under African NationalCongress at thetime,and inparttheBaphokeng were tired ofliving citizens should be incorporated into South Africa. In partthis was the message ofthe back. They believed that Bophuthatswana should cease toexist, and thatall of its the citizens of Bophuthatswana. ThePhokeng TribalActionCommittee decided tofight on control his tighten to Mangope President caused freedom of prospect this However, By 1990SouthAfrica had entered into negotiations withthenewly unbanned ANC. Phokengtribe. bythepeopleof andof President Mangope, wasnotsupported asupporter was George chief. asacting Molekhehle George brother Molekhehle’s Chief installed and Phokeng into came hand other the on Mangope President Chief. as acting Botswana. Upon fleeing ChiefMolekhehle installed hisright handman, Cecil Timochole to Molekhehle Chief of fleeing the in resulting eventually particular, in Molekhehle Chief and tribe, the threatened Mangope Asaresult people. Baphokeng the over authority ashaving Mangope recognize to or Bophuthatswana of flag the fly to refused leadership of Lucas Mangope. Chief Molekhehle the rightful chief of the Baphokeng tribe The Baphokengtribefromthe beginning of Bophuthatswana defiedin 1977 the The active male members of the tribe between the ages of eighteen and twenty-five. and eighteen agesof the between tribe the of members male active The 35 th ofDecember 1990the Phiris 22 held a CEU eTD Collection repeatedly that getting the keys was in fact a political motive. keys getting the repeatedly wasinfacta that political musttheir crime have motive.had apolitical Itis reasonfor this thatDialistresses 23 Mangope. Lucas President by power into put tribe, the of chairman new was the who Mokgatle Glad Mr of home since they were that decided men The Centre. Civic unable tothe the keys receiving set on more even Legato, to receive theHearings, keys from 20Mr MayRamoresi, (TRC number” in 10 Wewere away…. Weran atus. gas tear 1996). throwing were they and Dialithey wouldthen goesthego Baphokengto onthe and theto policetell started harassingus also we are and Baphokeng heis because Mr Ramoresi that speak to to we demanded and us. They theshot at us tenwith rubber men bullets regroupedRamoresi’s house and we found himat at his place. We were surprised Billy Mr. to went we and a group as left “We totribe. see Baphokeng the of police Secretary the there the politicalmotive he it clearis giving while testimonythattaking backthekeysforCivic Centre was that they could fulfil their goal of tacking back control of Tribal Affairs.The men Boy left Diali the makesmeeting with the goal of tracking down the keys to the Civic Centre so tribe. Civic ofthe CentreIn essencecontrol whoevertheaffairs hadcontrolover the had of affairs. tribal of centre the was Centre Civic The Phokeng. in Centre Civic the of control to gain need would they affairs tribal over control to regain them for order in that realised They tribe. the of affairs over the control regained they that was it important Act No. 34 of 1995clearly applicantto forthe receive states ActNo.34of amnesty thatinorder 23 behind the crime. The men went to the home of Mr. Billy Ramoresi Billy Mr. of home the to menwent The crime. the behind 36 CEU eTD Collection 25 24 my hand and it chopped my hand, but at least I have already saved Mr Mgopani’s both sides…. Because I was close to him, I managed to jump and stopped the panga with on sharpened Itwas hand. in his apanga had andhe bedroom the from came Mokgatle However upon their girlfriend. his of home atthe Mokgatle Glad Mr down track to able finally were men The arrival Mr Glad Mokgatle attacked the men with a Panga died” (TRC Hearing, 20 May 1996). Diali tells the Committee that in killing Mr Mokgatle, became very emotionalthe men how explains then Diali well. tribe the serving not were they tribe; Baphokeng and they started toPresident Mangopeandthemenwhoserved under him werenotlistening to the attack Mr Mokgatle.because upset were They a rage. of more into the men to stir served only cooperate to “We hit him until refusal Mokgatle’s toDiali, According were. they where hethem tell as to well keys,as the want the keys back” (TRC Hearing, 20 May 1996). Mr Mokgatle refused to give thetrive about washim that hisadministration, crying,thetribewascomplaining we the men “We asked him where are the civic centre’s keys, because we want to lock it up. We told keys off.Theystarted abouttheof the totheCivic Centre.drove toquestionhim location After capturing Mr Glad Mokgatle they locked him in the van that they were driving and despised. they who Mangope Lucas President for working by men to beattacked only peacefully meeting their left had they angry, become had men of group the Mokgatle, Glad by Mr attacked directly being again and police, the by attacked been having between that clear it makes Diali Mr They gave him afew claps and they took him with them” (TRC Hearing, 20 May 1996). angry. now were time bythat me with were who people the Because panga. the took One of the 10menwithBoyDiali. Oneofthe mostresemble amachete. Apangaisa Itwould tribal weapon. 37 25 24 life. I . “Mr CEU eTD Collection not infactyour intention tokill Glad Mokgatle on thatparticular day.Is that correct” was it that evidence, your from also and read, have we which sentence on judgement you back to the take question to like would “I Diali: Mr asked Committee the for the representative Currin, Mr. about your intention at the time. whilecommittinggoal inmind themurder. It is quite clearnot it was simplefrom an act that was committedthe in the heat of the or whether moment, Mokgatle, Glad of murder the about extensively orDiali if questioned theyCommittee had a whether itwassimplythepolicyofAction Committee. Goingbeyond thisthe questioned Diali extensively about whether killing Mr Glad Mokgatle was ANC policy, or members Committee The struggle. Liberation the of a part asbeing Committee theAction of legitimacy the establishing time some quite spends Committee The further the goals of the ANC, one of which was to doaway with the Tribal Homelands. Action Committee was aligned withtheAfrican National Congress; they were fighting to the that Committee the tells Diali Mr country. inthe liberation of furtherance the for than rather gain personal for as being beconstrued would acts there then movement, aliberation of members not crimewere the committed who those If movement. states thatconnection was very tothe important Amnesty Committee. Act No.34of1995clearly thoseaffiliation Liberation tothe movements. Thepurposebehind establishing this who commitOne ofthefirst questions concerned therole of theAction Committee, and aboutits a The Committee chose to focus on somevery particularcrime aspects of MrDiali’stestimony. must be Bophuthatswana. part from independence gain to demands their about serious were they of that a President the to a message send to hoped they Mangope, President of recognized servant the liberation 38 CEU eTD Collection that was involved with the liberation struggle. In so doing the Committee made it clear it made the Committee doing so In struggle. the liberation with involved was that organization political alegitimate being as Committee theAction recognize to decided therefore mettherequirements Furthermore of1995. of ActNo.34 the Committee saying thatthekilling of MrGladMokgatle was indeed apoliticalcrime. Thekillingitself Mangope hadputinto place. By makingthisdecision, anddeclaring it,theCommittee is that the leaders or Bophuthatswana, of regime the respect not did tribe Baphokeng Mangope” (TRCDecision, AC/96/0001). The Committee further establishes thatthe Lucas by Mr position to that beenappointed Hehad district. Baphokeng the in Council that thekillingof deceased wasduetothefact thathewasChairman oftheTribal evidence wasoverwhelming “there that clear it makes Committee the decision their In Mr Mokgatle? of the killing for reason apolitical have they did or mind, of state an emotional in were behind killing Mr In additiontothequestion ofaffiliation, thesecond important issue wasthereasoning Glad Mokgatle. Did the men killwant this government any more” (TRCHearing, 20May1996). Mr Mokgatlewe don’t that him tell to wanted We chief. our of simply returning the about wewere serious because theydon’t want the Bophuthatswana Government…. We wanted MrMangope torealise how we that realise, to Africa South wanted we realise, to Government Bophuthatswana the wanted we Glad, Mr attacked we “When Bophuthatswana. of government the to a message send to order in him killed they centre civic to the keys the over hand and them with cooperate to unwilling was he that realised they when Mokgatle, 20 May 1996). While Diali admits that the initial intention of the men was not to kill Mr. (TRC Hearing, 20May 1996)? Mr Diali responds that “Yes, that’s correct” (TRC Hearing, 39 CEU eTD Collection Congress), a Liberationfighting forthereturn Organisation thelandtoits of thatwas members of PASO(PanAfrican StudentOrganisation,an affiliate of thePAC(PanAfrican were they that testified men four The Manqina. Christopher Mongezi and Nofemela, The applicants were Vusumzi Samuelcrimes. their for amnesty for applied murder Ntamo, Ntobeko Ambrosehunted down,stoned, andthen stabbed todeath.Thefourmenresponsible for her Peni, was Easy but away, to run tried and car ofthe got out Ms Biehl her. injured and windshield Mzikhona mob of Black youth. The mob threw stones at her car, one of which broke through her Town. WhileTown. driving downthe NY1 Cape of outside located township the Guguletu in homes their to colleagues her of some located at University ofWesternCape. thedayMsBiehl was On ofhermurder driving Ms. Biehl was studying for her PhDinPolitical Science at theCommunity LawCentre ScholarstudyingattheUniversitywas an oftheWesternCape. AmericanFulbright Biehl The killing of Amy Biehl on the 25 Biehl ofAmy Case The 3.3.2 incomingto Committee their decision. requirementsDecember set for by the1990” Act were (TRC indeed Decision, met, and adhered AC/96/0001). to strictly by the We see from this case that the 26 Granted Amnesty requirementsorganisation. “Wehave cometotheconclusion that theirconduct meets the of the ofaLiberation a part being of requirement the met had applicants two the that criteria set out in Section 20(3) of the Act. They are hereby One of the mainroadsrunning through thetownship. Oneofthe in respect of the murder of Mr Glad Mokgatle on the 29 th of August 1993 became an international event. Amy event. aninternational became 1993 August of 26 Ms Biehl’s car was attacked by a mob an angry 40 th of CEU eTD Collection in the day the two crowds came together again came attack. daythetwocrowds together at theplaceofAmyBiehl’s in the retaliated by opening fire on the crowd, causing them to disperse and splitpoint up. the Later crowd on came across some police vehicles, which they then attacked.government The police vehicles, stoned They ungovernable. the country ofmaking policy the effect into put they as well as delivery vehicles that they saw in the street. At one 28 27 Settler, One Bullet” and toy-toying Upon leaving themeetingcrowd wentinto thestreets chanting the slogan“One 1997). township of starting(TRCHearing, 8July withthe ungovernable, Guguletu first meeting in“highspirits” andeager tofulfil their orders tomake thecountry Liberation Army Peoples Azanian the of slogan the Bullet,” One Settler, “One slogan the tought were to stopthenegotiations and regaincontroloftheattended land.Those who themeeting in order as aspossible country ungovernable make the and Blackswere the totry which was the declarationprominent members of PASOandPAC. Oneofthethingsdiscussed ofthe atthemeeting of 1993 as being givenby speeches themenhadheard branch ofPASO.Atthemeeting Langa HighSchool the “Year of the GreatOn the day of the murder, the four applicantsStorm,” had attended a relaunching meeting of the an operation in time. original Blackowners, and who wereagainst thenegotiationsthatwere goingonatthe Toy-Toy isa African Toy-Toy South termforrioting or protesting. PAC. of the armedwing The 27 . Accordingtothe testimony oftheapplicants the students left the 28 . From the moment the crowd left the PASO meeting 41 CEU eTD Collection result ofbeen a had killing If the motive. political have AmyBiehl of murder the that Committee the “high Committee wasthe motivation behind the killing. Itwas veryspirits” important to the As thethat others gave testimony the it became increasingly crowd obvious that the main focuswas of the in then they would not meet the hoped forhoped “thereturn ofAfricatothe African people”(TRCHearing, 8July1997) he Biehl Amy killing by that answers repeatedly Peni motive the about questioned manner that he did that day shows that he was not content with the outcome. When the in acted still and negotiations, of theend of was aware Peni that fact The motives. Peni’s understand better to Committee the helps question This facts. these of aware were at an end, that a new constitution existed. Peni informs the Committee that he was knew that at the time of the murder negotiations for a new and democratic South Africa Biehl was murdered that day. Mr Brink starts off his questioning by asking Peni if he De Jager asked Peni directly what it was that he hoped to itwas De Jagerthat he hoped achieveby askedPenidirectlywhat AmyBiehl. killing 29 on membersthemselves chooseto focus as as theCommittee Committee), well questioning Peni of started, weseethattoMrBrink(therepresentative for the when he was aboutthree how he came toacross story his tells Peni Storm.” Great the of Year “The four1993 making of goal their in APLA Amy Biehl, metres and “admittedhelp to orders were believed they what follow to eager were they and heard, had they fromto throwing her”stones at meeting were inhighspirits.They were extremely emotionaldue tothespeeches that his(TRC victim Decision,the day of Amy Biehl’s AC/98/0030). murder Peni, whowas the ChairmanofLanga High himSchool division of PASOadmits that on along with the others whoWhen theapplicants went beforethe Committee they Whentestified totheiractionsthat day. had attended the PASO This was member question This by Committee in responsetotheimportant Adv.De Jager. 42 why 29 . Amy CEU eTD Collection Amy Biehl had Biehl Amy politicallywas not motivated atall” Hearing, 8July (TRC 1997)? Peni “Ourresponds: killing it attack involvedyouon this in that young were and afternoon savage woman, amindless, ends his it of questioning isn’t “MrPeni with positionthis: the dreadful Peni, on that that motive. political a have crime their that 1995, 34of No. Act of requirement lenient on the men. The Committee chose to deviate slightly from the law in order to take into to law in take from order slightly the todeviate chose men.on Committee the The lenient ismoreAs lowmen ofeducation. aresultCommittee hadvery four levels The the hearings. havingorder been behind becomesgiven. this This reasoning decision clear when reading the power, decided having thatbeliefofan order been in an given was caseequivalentthe to inits Committee the however law follow the strictly, not itdoes since viewed asproblematic be could This justification. of a isenough be an order to Bullet” One “One Settler, slogan believed that it was their duty as membersmen the that of fact PASO,The as order. an well following as the actions fact their of that theyrequirement the meet believed too have not the to for applicants the allows by Committee AC/98/0030). This the decision (TRC Decision, instructions of APLA or PAC on that day, they believed they owed loyalty to the same cause” or act on orders the not they did “Although bystating: farther goes The Committee crime. the committed they when organization a political of members being of requirement the declaringin thistheirdecision ismaking the Committee four applicants itthat the meet clear and toits subscribed political itsphilosophy and policies” (TRC Decision,By AC/98/0030). which was a known political organization of students, they were active supporters of the PAC wasmotive the thethat clear mostmore made is it important Committee the by made issuedecision the at look we forWhen them. The Committee states that: “As members of PASO, own] everything todowith politics 43 ” (TRCHearing, 8July 1997). [emphasis is my Mr Brink CEU eTD Collection turned by the Secret Police to work for them. bytheSecretPolice toworkfor turned 31 30 One stating: Bullet” Settler, theslogan“One motive.references of Decision The is that decision in the with issue last dealt The applicants. the level of education the account personnel as well as one askari asone as well personnel The Case of the Motherwell 4 Motherwell ofthe Case The 3.3.3 Four dealt with applicantsfor theirinvolvementthe in murderthe of Amy Biehl. killing of threeall to was granted amnesty Asaresult, day. thegovernmentof send a messageto to black Security way a legitimate was Amy Biehl of thekilling applicants the to that accept They applicants. Police Again we can see here that the Committee took into account the level of education of the Vermeulen, Marthinus D. Ras, and Gideon Johannes Niewwoudt. The men not only not men The Niewwoudt. Johannes Gideon and D.Ras, Marthinus Vermeulen, Gerhardus Rensburg, JJanseVan Nicolaas Snyman, Lionel Daniel De Kock, Alexander Eugene Jacobus Police Police.Nineformer crime. Officers appliedforamnestyElizabeth Security forthis Lotz, Port the to loan on Vlakplaas of was amember Sakati while Police, Security the Jocobusof branch Elizabeth Port the of members were Mapipa and Faku, Jack.Mgoduka, Charles Kok, alias Sakati, Shepard was Xolile askari the of name The Mapipa. Daliwonga Desmond WybrandSergeant and Faku, Temba Amos Sergeant Mgoduka, Glen Mbalala Officer Warrant A.L. Du Toit, Nicolaas Johannes An askari was a former member of one of the liberation movements theliberation Anaskari wasa member ofonethathad been movements former TheApplicants “To them political (TRCDecision,objective” AC/98/0030). a to their crime wasrelated that must itlight, be accepted in viewed that is of applicants the When Conduct the Africa. South of people the majority of it would demoralize them and compel themhand to over political power tothe politicalthe governmentthe pressure on wouldincrease such to an that extent activity such By intensifying government day. the of the to a serious message community. They believed that by killing civilian whited, APLA was sending white the of arepresentative Amy Biehl,momentto them, was At that people. 30 that meant that every white person was an enemy of Black the of anenemy was person every white meant that that 31 . The names of the three police personnel were, personnel police three the of names . The 44 CEU eTD Collection Brigadier Gilbert, Nieuwoudt flew toPretoria on the 12 from orders On job. the complete to officers hisVlakplaas of some and De Kock his belief that those in command had authorized the orders was glad to loan out Eugene receive theasked could helponeliminating ifhe men. Vanto testified thatdue Rensburg and Vlakplaas, of charge in unit the C10 of head was and Pretoria, in Headquarters Police at Security wasstationed who Rensburg Van called Gilbert Brigadier beeliminated. rather must but betried, not could men the that determined itwas Police, Security the of activities been turned by the ANC andcommanding officer Brigadier Gilbert.had Nieuwoudt stressed toGilbert that the man had to be dealt with. DueNieuwoudt’s investigation furthered only his suspicions, leading himtogo tohis to knowledge of certaininvestigate thethree now deceased officers in order to substantiate his suspicions. illegal Officers inthePort area. Elizabeth Headinghissuspicions, Nieuwoudt started to Officers as being responsible Police deceased three the suspect to started Police Security the of branch Cape Easter for a series of leaksIn 1989 that Officerhad led to Nieuwoudt,the deaths of Policethe regional commanderthe crimeofdefeatingends the ofjustice as well. for the for amnesty for applied but deceased, four the Black killing caseof the in amnesty for applied Affairs Unit in the met with De Kock and van Rensburg on the morning of the 13 as the askari knownasCharles Jack. three Vlakplaas assist policeofficersas removalofthe of his personnel inthe well would home of Van Rensburg. It was determined at this meeting that De Kock along with some 45 th of December 1989, where he where 1989, December of th of December at the CEU eTD Collection fraud scheme. De Kock however in a feltinvolvement their of because murdered being were men four the that thatmorning this did not justify the murder legitimacyof the men, so of the plannedthe morning murder ofof thethe fourEugene De Kock testified13 thatafter meeting withNieuwoudtandVan the Rensburg on men. Nieuwoudt example For testimony. in differences slight just than had more were there that judges told De Kock that time progressed, However, stories. as onewouldexpectsome variationwithin throughoutthecrime roles and more and more testimonykillings ofthefourmen. With somanymen, whoallplayed different, yet interconnected was the behind given, motivation the about well as events, of order the about repeatedly asked it became obviousrepresentatives legal different as the aswell the Committee hearing the Throughout to the discussed. the others from different wasvery men thesefour of hearing amnesty The four occupants. the killing bomb the detonated remotely Nieuwoudt metres hundred one approximately When armed. been had arrival upon theand operation, the of knowledge no had who Lotz, by Mr four andfetchCrossing inPortElizabeth Jetta aVWJetta. The hadbeendriventothelocation deceased Motherwell the at meet to ordered were Jack Charles with along officers, deceased three returned toarrived Port Elizabeth. The following night the bomb was planted in a VW Jetta. The Ras and Snyman, Vermeulen, officers, Vlakplaas three with along Nieuwoudt night That theybomb. necessary the with men the supplied Toit case.Du the in used be would bomb gota car that men the by determined was It mission. the complete to way effective most into the out figure to order in Du Toit with met they the where Police Security the of devision vehicle,After the meeting De Kock accompaniedand afterby Nieuwoudt went to thedriving technical support th he went to Van Rensburg’s office to question him about the 46 CEU eTD Collection Kock to Van Rensburg’sDe accompanied he that states who officers, the Vlakplaas of Ras,one of testimony the office on unablethe to provide13 any sort of answer. was he Rensburg, Van and DeKock, him, between meeting at the mentioned was ever De Kock’s version however, was confirmed(TRC Decision, AC/99/0345). In fact whenquestioned about whether ornot the fraud with the deceased” kill to decision the in role any played fraud the that denied emphatically fact that thethe only reason, and the one which he gave to De deceasedKock, for the intended killings was the had been recruited by and was working with the ANC. He a political objective and the action was clearly not directed against members or members against directed not clearly was action the and objective a political conceal theillegalactivities oftheSecurity Police. This was notassociatedpatently with findaccordingly thatthereasonkilling thedeceased for wastoaverttheirthreatsand to the courtfound thatthe motive behind the killing was not a political motive. “We beyondtheGoing issue ofdiscrepancies, andtherequirement thefulltruth, ofdisclosing requirementof disclosing theentiretruth. othershadnotmetthe that the This (TRCDecision, De Kockmeant decisiontoaccepttheversiontrue” AC/99/0345). of version nohesitationinacceptinghis as impressedas acrediblewitness andwehave us has Kock] [De “He DeKock. of version the accept to chose Committee the them, before rather large discrepancies that dealt with the issue ofmotive.With the facts presented the 13 repeatedly thedayof Van Rensburg however, officeatall on statesthathewas not inhis ANC. the by recruited been had men the that allegations Nieuwoudt’s to reference made once never Rensburg Van operations. Police Security illegal and secret of disclosures he went to talk to Van Rensburg who informed him that the men if tried could make th , but had engagements elsewhere. “Nieuwoudt, on the other hand, testified that testified hand, other the on “Nieuwoudt, elsewhere. engagements had , but th 47 . These were not minor discrepencies, but discrepencies, minor not were . These CEU eTD Collection Government. He became very politicized, and started to become heavily involved in involvedbecome heavily to started and politicized, Hebecamevery Government. Mathew high Goniwe in school was a former teacher who hadCradock beenremoved bythe Hermanus Barend Du Plessis were all members of the Security Police. and Zyl, Van Martin Johan Snyman, Harold Rensburg, Van Janse Jokobus Nicholas Lotz, Johannes Taylor,Alexander Gerhardus EricKock, De Alexander Eugene applicants, The Cape. Western the of part eastern in the located Oudtshoorn of resident permanent townshipCalata, andSicelo and wereall Goniwe,Mhlauli. Mkhonto, a Cradock, Calata residentsof located FourAC/99/0350). consisted Mkhonto, The Cradock Mathew Fort of Goniwe, Sparrow near theThe Easternmurder of the Cradock 4 Cradock The 3.3.4 CapeFour took placecity “on or aboutof 27 PortAC/99/0345). Elizabeth,satisfied thatthe withtheapplications requirementscomply of theAct”(TRCDecision, while arenot we us, before placed material and arguments evidence, the of all considered Mhlauli carefully having after and circumstances the “In amnesty. for applications the refuse was a to ruled they beenmet not had requirements these of three all that determining After law. the by asrequired movements liberation the of one against wascommitted crime hard to establish whether the set 1995.They repeatedly forthinActNo.34of focused issues, onthe worked ofmotive, entire truth was disclosed,When we lookas at thiswell case we canas see determiningthat the Committee followed very closelyif the the law as organisation required bytheAct” (TRCDecision, AC/99/0345). supporters of the ANC or any other liberation movement or publicly known political 48 th June 1985”(TRCDecision, CEU eTD Collection 32 Goniwe to attributed be ‘G’plan based on the to was considered unrest Cape inwhich Eastern the occurred itas theunrest causesof the to as pivotal were regarded deceased The motivated. politically situation andwastotally worsened unrest …The whole Capevarious areas Eastern experienced for inthe unrest the was consequently for and the politicizing responsible people Front Democratic United the that his unit of view itwas the “that Zyletestified: Cape. Van were contributed beingto much responsible of for unrest thathad arisenthe inthe Eastern organizations These two AC/99/0350). Decision, CRADORA (TRC members of were also which he eventually became the Regional Organiser. Calata, and Mkhonto, friends of Goniwe of Front, Democratic of United the an affiliate Association), Residents CRADORA (Cradock of of home. killing Beyond therewas this Goniwe at testimony governmentthe was given that he was sent to the home of Goniwe in 1984, along that with claims Jaarsveld Van as testimony, Zyl’s Van contradicts Van directly applicants) of one the Zyl, to determine the feasibility Goniwe was three weeks prior to the murder.men, and elicited helpthe of TheTaylor and Lotz, claims that thetestimony first timehe heard about killing of Van Jaarsveld (who was orderedtoremove the from how Van Zyl, above. followingabout who they orders were was not large LikewiseinhenceCape, talk extensively playingarole theapplicants and unrest. in the Eastern UDF the of in actions having a largesay the and of CRADORA member of political motive. insistent Themenarevery aboutthe four deceased havingbeen prominent themotiveindeed a was applicants the According to for thedeceased. killing motivation the about Kock, talk extensively save applicants, De Throughout givingof the testimony, the rise discussions to abouthim invarious governmentcircles. (TRCDecision, AC/99/0350). teachinghis position, aswell the United affiliation eventuallyto Democratic Front gave Summary Summary of thetestimony givenbyVanthe decision Zyl,foundin bytheCommittee. 32 ” (TRC Decision, AC/99/0350). The removal of hisAC/99/0350). The removal ” (TRCfrom Decision, of Goniwe 49 CEU eTD Collection did not disclose the entire truth. entire the disclose not did refused Amnesty on the grounds that their crime did nothave a political motive, and that they requirements of the Act”result (TRC Decision, the In we murders. the about know arethey everything disclose to failed have not they AC/99/0350).Kock, De from satisfied All applicantshand, apart other thatthe On with. complied been have objectives political to related requirement the save applicants, De Kock whether the as to werewe have reservation … details lack of andthe De Kock) (except but for De thelacunas of “Because wasunsatisfied. theCommittee Overall Kock, have complied with the as ateacher. Goniwe governmentwasconsideringthe re-instating that given thetestimony contradicts this however society, from men four all toremove orders given removeto all four men is then called intolight. The applicants say that they were given who was not even a Mhlauli especially resident of UDF, the actions the haveanyswayover to power necessary with the of the Easternheld threemenisThere of the noevidence that anysort that would them provide position Cape. Likewisemotive for killingthe Goniwe, there was no possibleissue motive for killingbeen have themay otherthere three While men. ofmurders. the for motive any the question into call They orderstestimony. being handedDecision by makes down Committee the cleartheholes, which insaw the they The besatisfactory. found to the Committee that only witness wasthe ocean, into the murder crime of defeating thethe ends testimony of justice, presented he in holes many were there that Committee the to became obvious it thehearing Throughout counseledby the applicants. Van Zyl De toKock throw who wasthe applying gun used for in amnesty the from society. to remove Goniwe for the possibly thinking Goniweinquestion as ateacher,re-instating of calling to again any orders 50 in the applicant’s version intheapplicant’s CEU eTD Collection personnel where they least expected” (TRC Hearing, 7 Hearing, (TRC expected” least they where personnel attack thesecurity placeto Barwasanideal usWimpy “To easier Sigasatestifies: attack. an for provide would personnel Police bySecurity frequently located and Headquarters, they learned the Wimpy Bar located only a few metres from the Security Branchwelfare oftheunit(TRCresponsible fortheoverall Hearing, 7 was Structure Command the of a member also Mokoena unit. the for tactician military primary the as being as well attacks, executing men, training for was responsible men and the distribution of arms. Dlovu was amember of the Command Structure, he of training as the aswell work, political the for responsible was he Structure, Command Structure, Johannes Nkosi Unit. was Kebotlhale the Commissar oftheRegional the African NationalErnest Sigasa. All four men were Congress.members of the uMkhonto weSizwe, the armed wing of Phumuzi and Mokoena, Sigasa Molwedi Ndhlovu, Mabore Elfas Kebotlhale, Christohper Tebego was the commander are bombing responsible for 66othersapplicants wereinjured. the The explosion, while of the Regionalanniversary Command The bombingof the Bar Wimpy of Bombing The 3.3.5 South of theAfrican Wimpy Communist Bar in Benoni Party. took One placeperson on was30 Julykilled 1988, in the the 67 caused to the victims of their attacks, as well as the argument that they personally they that argument as the aswell attacks, their of victims the to caused his openingaddress with aplea for reconciliation, animportant recognition ofthepain Hearing, 7 Security Branch headquarters in BenoninexttotheRailway Station” (TRC by Sigasa, “WimpyBarwas not thetargetat first, the actual targetwas the notorious of the bombing of the Wimpy Bar located in Benoni. According to the opening statement The men applied for amnesty for multiple crimes, however I will focus primarily on that th September 1998). However, as the men planned and did reconnaissance did and planned men as the However, 1998). September 51 th September 1998). Sigasa ends Sigasa 1998). September th September 1998). th CEU eTD Collection injuries were decided tobe an acceptable risk given thepossibility ofkilling police Sigasa comments that the civilians involved were considered, and thattheirdeaths or personnel. Police attacking of motive political their met have attack the could case how attack, and thatall of thevictims were in-fact civilians. He argues that being the the of time at the present was Police Security the of member asingle not that fact the Sigasa he focus’s heavily on the motivationcross-examines Steenkamp, Advocate Committee, the for behind representative the When the Wimpy Bar attack. He brings up amnesty. see if Sigasa meets the requirements of having committed the to seeking are crime They closely. very the law for following is Committee which the that We seehere he seeks dispensation” (TRCHearing, 7 through theiractions have contributed “to establishment the ofademocratic sought to make it verycleartoSigasa: sought someone cannot seek amnestydecisionattack to Wimpy Bar. Thisquestioning is important for the Committee because for a crime thatthe for responsible was he attack the they launched that unit ofthe commander overall did not commit. The asthe but the attack, in involved directly wasnot he that testifies Chairperson Sigasa a role. played Sigasa’s intherole Wimpy Bar attack. TheChairperson questions him extensively ifhe questioning ofSigasaUpon thebeginningof theCommitteestarts heavily tofocus on “ Chairperson Sigasa toin order obtain amnesty, notso? occurred that they didn’t know about, they have to be guilty of something Sigasa partythat youwere totheplanning. extent you were involved in this. And in respect of the Wimpy, you do say Chairperson : Yes. : Yes.” (TRCHearing, 7 : And that is why I’m asking these questions, to see to what : You see people can’t get amnesty for something that something for amnesty get can’t seepeople : You th September 1998). th September 1998) 52 CEU eTD Collection reconnaissance WimpyBaras andplanningthatwentinto the attack,the strong well Committee decided thatwhile itwas only civilians caught intheattack, that the committed against “thestate publiclyor another knownpolitical organisation,” the important onefor theapplicants. While Act No. 34 of 1995 states that thecrime must be attacks fall within the ambit of the Act” (TRC Decision, AC/99/0294). This decision is an plans were made within thepolitical climate of the time. It followstherefore thatthese The Sigasa. of command the under acted applicants the sought, is being amnesty which Wimpy bar met the requirements of Act No. 34 of 1995. “With regard to the offences for In the decision passed on by the Committeefollowing orders. it is declaredthe thatmotive, the attackwas about question they wasmet, a crime it committing of requirement the that sure make to political, led on the as wellthat wereset outinAct No. 34 of1995. Theyquestioned abouttheinvolvement in order as about the ones in-fact whether were factors important most the that Steenkamp, Advocate representative or not the applicantsIt becomes fromthequestionsobvious askedbyboththeCommitteeand its were restaurant” (TRCHearing, 7 whatever in them hit have would “we personnel: security was target the target, a wasnot Wimpy that to Steenkamp, clear very it makes Sigasa were. they wherever personnel security attack to were received men the orders the that no, says Sigasa Bar. Wimpy the attack to orders were there if Sigasa He asks orders. about questions motive was to killPolicepersonnel, not toattack innocent civilians. Steenkamp also the Therefore, attack. the of time at the bar the at bepresent would personnel Police several that believe to them led had reconnaissance applicants the likewise personnel, th September 1998). 53 CEU eTD Collection do to tightsecurityit do to was aborted. reconnaissance WhyNot Further tothe ledMcBride The initialplanwas to attacktheSecurity station Police atCRSwartSquare, located but based SOUunits. Natal the of both of command assumed McBride and arrested, was Webster however reconnaissance andplanningoftheattack. Before theattack was putintoaction helpofhisfellowcommanderPersonnel. toengagein McBride Heelicitedthe attack onNatalMilitary tocarry out acarbomb fromthehighcommand of SOU orders Webster Webster,by McBride. by Gordon beingcommanded hadreceived andone commanded being one time, the at Unit’s Operations Special separate two were There Special Unit wasthecommanderof based Operations Robert McBride inNatal. attack At the NatalProvince,tookplaceon14June timeofthe 1986. in theformer theThe bombingof WhyNotRestaurant Bar,locatedinthecityofDurban andMagoo’s Bar 3.3.6 TheCase ofRobert McBride and the Bombing ofWhyNot Restaurant and Magoo’s crimes. their for amnesty applicants four the granted Committed the circumstances these facts related to the ANC. There isnothingto commissiondistract theevidence of theapplicants regarding the actual of the offences”enhancing theposition oftheanti-apartheid forces, and inthisinstance, thecause ofthe (TRC Decision, at directed clearly were offences “The that: decision their in states further Committee AC/99/0294). DueSecurity Police patronised the establishment…” (TRC Decision, AC/99/0294). The to the WimpyRestaurant was based onthe on attack “The requirements. the met personnel Security of befull would it that belief bona fide 54 belief that certain members of the CEU eTD Collection motive. havingapolitical thecrime requirements established thatof bytheAct, particularly applicantsreceived followedtheof the the crime. Committee amnestyfor The motive fortheattacks,having apolitical theentiretruth.All aswellhavingprovided thatthe applicantsFurthermore the Committee ruled mettherequirements ofboth of 1995. meet theambits were thetargets, of Act No.34 the attackwasdeemedto by Security personnel, Police andgiventhefact thatitwasthepolicepersonnelwho case for this as Given the the others. ofcivilians.However usedthesame argument death andinjuring theCommittee lineof Like theattack this onWimpyBarinBenoni, attack resulted almostexclusively inthe death three and injured. resulted inthe of people, seventy-one WhyNotRestaurant,Magoo’s Bar.Theattack aswelltotheneighbouring to the twoSOUmembers. bombwentoffThe as the other damage planned causingextensive away thearmedMcBride bombandthendrove with parking spotto vehicle. the her relinquished Nachardien restaurant the at arriving Upon point. a later at restaurant the latterbeing keptinthedark about theoperation, thearmedvehiclethe drove to Restaurant andobtaina restaurant.parking spotclose to the McBrideandLecordier, Nachardien beingwas simply toldtogotheWhyNot keptinthedarkofoperation tocarryouttheattack. Matthew Lecordier the attack onthe14 the necessary byHighCommand tolaunch materialforacar bomb,andwasinstructed Restaurant, Police.McBrideobtained arestaurantand barfrequentedbytheSecurity th of June. McBride then elicited the help of ZarahNachardienand thenelicitedhelpof the ofJune.McBride bona fide 55 belief that the restaurant was frequented was restaurant the that belief CEU eTD Collection applicant testified. 33 deceased however didnot head thewarnings of his superior officers, and continued to In late 1990 orearly 1991, Colonel Taylor Taylor, andJohannesAlbertus Steynapplied foramnesty crimes forof: the Jacobus Swart,WillemAlbertus Nortje,Lawrence John Hanton, AndrewRussel Cavill Alexander DeKock, Africa.Theapplicants, Eugene South Johannes DavidJacobusBrits, child,illegally into Sikhakhanealong with his and was Police in1988, wife brought alia be asdeflected afterhewould a of sentAngola theANC madeitknowthat result to atNatal. oftheANCwholocated Camperdown, Sikhakhanewasaformermember had NevilleGoodwill Sikhakhanewas an askariworkingforthe“Terrorist LocationUnit” 3.3.7 The Case of Goodwill Sikhakhane not change hewould facegraveconsequences not change Hearing, 20 (TRC with Taylorapproached himthatifhisbehaviouralong thedeceased did and counselled well asthathemaybe asecurity hearingnews, risk. Steyntestifiedthatupon he this the ofthedeceased, discipline with as wasencountering himofproblems thathe inform Security GeneralSteyn,commanderoftheNatal Police, to ofthe approached Branch Col Taylor who was deceased at the time of the hearings did not testify.Taylor whowasdeceased hearings did not Everyother Col atthe timeofthe disciplinary problems (TRCDecision, AC/2000/090). With disciplinaryproblems helpoftheSecurity the Decision, AC/2000/090). 7. FraudandtheftofStatemonies inconnection killing” (TRCwith the Africa unlawfully during April 1988; 6. Assisting SikhakhaneandhisfamilytoentertheRepublic South of 5. Defeating ends killing; the ofjustice the in connectionwith 4. Theassault tothekilling; onSikhakhane prior to killing; abduction 3. The the of Sikhakhaneprior bothammunitionfirearms for inconnection killing; with the possessionunlawful rifle, ofanAK-47automatic aMakarov pistolandthe the relevant ofACT751969arisingfrom 2. The Contraventions atnearGreytown inthethenNatalSikhakhane on29January1991 or ‘Neville’and killing of GoodwillColin Conspiracy,planning “ 1.The 33 56 the commander TerrorismUnit of the thecommander th September 1999). The inter CEU eTD Collection order toaccomplish this”(TRCHearing, 20 have Ialsostatedthatexternalto beusedin and Istated suchto Taylor. aidwould itas protection ofaforementioned interests, Sikhakhane Idecided that had tobeeliminated result, :after consideration thorough furtherdiscussionsCol Taylor andin with thattheinformationdeceasedthe ANC.As fedto Swaziland hadbeenpassedontoa networksin Itwaslaterconfirmedby deceased information. Security Police false suspicionof security riskfedthe Taylor under Sikhakhane being these actions a Colonel which caused him to on many occasions lose control ofhimself. on manyoccasionslose causedhimto which 34 toTaylor assist removalofthedeceased. theofficersfromVlakplaas withthe Thefour Hanton, oftheofficers one under ColonelTaylor’s Hanton wasorderedby command. andLarryJohn Taylor in Natal,thethree with Vakplaas officers metup Upon arriving AK-47. Nortjewas already inpossession oftheMakarovpistol. R7000, operation, to aswella forthe necessary R5000 silenced funds,approximately Natal. menaway,Swart to Beforesending De the Kock themenwith outfitted and informedhimbe sendingTaylor that he would WarrantOfficersNortje, and Britz De the deceased’s officer. Kock testifiesTaylor commanding thathethencontacted deceased. to a plan”forthe to “make liaise withColonel DeKockwasalsoordered ups,De GeneralSteynaskedDeKocksendhigher KocktoDurban to men agreedtohelp. thatithadbeen withsuchrequests, andundertheassumption clearedby Being familiar deceased. the of elimination the in help for him asked and Pretoria in Headquarters dayinthehalls himone ofSecurity De Kock approached testifies that GeneralSteyn behave an in inappropriate manner According to the testimony problem, tothe of Steyn,thedeceasedhada majordrinking According 34 presenting himself as presenting himself a securityrisk. Asa result of 57 th September 1999). CEU eTD Collection some of the applicants acted upon theordersofsenior whosejudgementthey applicantsacted upon some ofthe officers embarrassed thethenGovernment and weakened itsnegotiating position.Alternatively, disposal haveseriously athis and theircolleagues andthattheinformation could oftheapplicants believedmost thatSikhakhane posedaserious security risktothem security. “Itisclearus that thedeceasedbelieving to posedathreattonational that Committeethe Four,the applicants hada foundthat Motherwell oftheirsuperiorthe orders officers question.without However, inthecase unlike of the of themeninvolved. It became obvious throughtestimony, thatthemenwouldfollow against fortheCommittee thelaw,itwasimportant tounderstand thethoughtprocess was people, of assassination the As importance. great of wasalso orders following hearings greatattention Throughout the was given issue tothe ofmotive. The issueof personal gain. crime for circumstancesactions. Do tothe Nortje determined tohavecommittedwas the not that receive expected and noknowledge had not payment hewould his this, had for it operation andhanded Nortje’sover toNortjeas According to testimony payment. he forthe that toNortje theremainingfunds Vlakplaas, hehadgiven DeKocktook respective commandersthatthemission beencompleted. Uponreturningto had him dead.Theofficers roadandshot backtotheir thenreported away fromthe deceased the marched men The attention. unwanted draw to not order in testimony, the vantakingthem. Swartwhowas driving departed, thedeceased to according with the pre-arranged place for the murder. Upon arrival, Nortje, Britz,and Hanton gotout of they himoverthehead arrivedat abatonuntil deceased, tohit with andthenproceeded who werehiding intheback the deceased, and ofthevanoverpowered Nortje Britz deceased offwithhim.Uponcapturing,the capturedthe men subsequently and drove 58 bona fide reason for CEU eTD Collection meeting and proceeded to the house of Masemola. tothehouse at thehomeof meeting andproceeded Uponarriving the Masemola. Rakgotho,alongwithfiveother men thenleft representatives with totalk sabotagetrying to theANC. Thecommunitywas very upset bythisandsent five told thecommunityaboutshe was meeting Rakgotho Masemola being andhow awitch, Masemola, therewas dayafter Ms The a villagemeeting.Atthe theencounterwith thenextcalled acommunitymeetings. Inresponse, day. Rakgothofor meeting flip carswhiledrivingtotheir overintheir themembersofANCwould ensure that ANC,she was ofthe notasupporter andthatby the on sprinkling water streets itwould meetings” (TRCHearing, 28 responded bysayingthe go totheir that“shewasstopping members oftheANC not to Ms toRakgotho’stestimony, whenquestionedaboutheractions, Masemola According village. the of streets the in water sprinkling Masemola sawMs colleagues his of the Onthenightbeforewith some themurderof along Matempule. deceased, Rakgotho forof his village Civic Committee as atCongress asamember the thetime, well of was Rakgotho in 1990. a memberoftheAfricanNational Masemola, asupposed witch The applicantHendrikRakgotho for applied amnesty ofViolet forthe murder Rakgotho Hendrik Case of 3.3.8 The money. state seven, crimenumber of above fraudandtheft list, butwererefusedamnestyintermsof AC/2000/090). Alloftheapplicantsreceived amnestyforcrimes one throughsixofthe withtherequirements theAct”(TRCDecision, applicants havecomplied … of Weare nothavequestioned. satisfiedtrusted andinanyevent the thus that would th February 2000). Ms Masemola also told the applicant that applicant the told also Masemola Ms 2000). February 59 CEU eTD Collection ANC. (TRCHearing,28 ofthe members village,who mostpartweresupporters of the the ANCandto for the believe inwitchcraft,and believed thedeceased thathetruly tohavebeen athreatto thenquestions Rakgotho himonhisbeliefCommittee saidthat inwitchcraft. he does education.The level meaninghehadaverylow oftraditional achievedTwo, Standard starts questioningRakgothoabouthislevel education. of Ragothotestified thathehad againstfighting theANC. Having established for themotive themurder, the Committee deceasedmembers oftheAfricanNationalCongress from meeting.The actively was topreventthe membersofcommittee usingwitchcraft believe was thedeceased ofthecrime.motive Accordingtothetestimony given, themotivewas inthat political Throughout the hearing the Committee members questioned Rakgotho about the witchcraft. 35 death. (TRCHearing,fire andwas caught burned to 28 andcausing through astone tofall,thedeceased her crowd ather,hitting her then theshacktowards thatwas on fire.As triedtoflee thefiresomeone inthe Masemola her shoved toaddressOnceoutside,Rakgotho Masemolathe crowd. wentoutside releasestarted chantingforthe of thebaboons. request Uponthe ofthefive men, hadset Masemola, yard and Masemola. Thecrowd firetoashedthatwas in the of house tothe of communityhad left themeetingcome chanting. Members of the and crowd a large heard and fire, mensmelled the arriving after Shortly house. the in having baboons the release to her asked men five the Masemola, The baboons were a form of talisman that allowed her to perform magicand allowedherto baboonsof talismanthat The wereaform th February 2000) 60 th February 2000). 35 , which she admitted to, which CEU eTD Collection 36 wasa Henri Van CivilCooperation Bureau DerWesthuizen member ofthe Westhuizen Der Van Henri Case of 3.3.9 The murder of VioletMasemola. (TRCDecision, AC/2000/210) before theCommittee. truth Hendrik Rakgothowasgrantedamnesty roleinthe for his also theapplicant that found disclosingfull Committee hadmet therequirementof ANCanditsmembersthe deceased athreat tothe inthearea. constituted The that believed they as objective political a “had Masemola Violet of murder the of terms well astohisstrongbeliefinwitchcraft. Theystate that theactionsofapplicantin Committeetheapplicant,as pays level educationof In theirdecisionthe heed tothe of acts committed, were committedduringtheconflictacts committed, ofthe past. Likewise they found the applicantmetrequirementsofSection 20(2)ofAct.No341995that in the 1995. Furthermore,Act No.34of theCommittee theoffences by foundthat committed to seekamnesty thatunder allowed forhim committed,therole he played still crimes with involved TheCommittee foundthatwhile wasneverdirectly Westhuizen 2000) (TRCHearing, 9 and thenecessaryto becommitted. forthecrimes means for, butratherplayedthat heisapplying therole necessaryof providing information, Westhuizen was Hean office withworker. wasneverdirectlyinvolved theincidents filesforthe targetsofsecuritypreparing the forces. as CCBforuse aswellthe thenCiskeiin Mozambique, wellas homeland, tothe Actby supplying Ammunition unlawfully arms and explosives tothesecurity forces of thatoftheincluding attempted murderofJustice Albie ArmsandSachs, violatingthe crimesfor amnesty ends including,defeating multiple ofjustice cases, the in multiple The highest branch of the State security apparatus. All things wentthrough theCCB. highest State Allthings The security branchofthe apparatus. 61 th 36 October andapplied CEU eTD Collection while makingtherewhile decision Committee set tooktheregulations the forthinSection20, decisions passedbythemembers down oftheAmnesty itwas Committee shown that asthe as well above, presented hearings nine the reading by However, amnesty. interaction withtheapplicantstodeterminewhethernot theapplicantwould receive or familiar withtheproceedingsthey would start torelymoreonintuitionand their believed became thatastimeprogressed andthemembersofCommittee more closely thelaw.SecondI how loosenupon theyfollowed comfortable andwould becomemore theywould dealing withapplicants the typesofcases, aswith with as well as main reasons. became Thefirstreasonwas simplythat the Committee morefamiliar thelawas strayed from believed wouldhave time wentbyfortwo thattheCommittee instances,law onmany the researchshowsthatthiswas case.not the Ioriginally wouldhavestrayedthe the Committee thoughtthat from very closely.WhileIoriginally 34of1995 in ActNo. and thegrantingofamnestysetforth regarding rules regulations that contraryto I found my original hypothesis, theAmnesty Committee didfollowthe 3.4 Findings past. (TRC Decision, AC/2001/257) amnestyapplication for canbe specific only accepted iffor offences committedinthe Actrequiring that specific actsoroffences, therequirementsof meet he did not to, insomeinstances, crimes beingcommitted, thecourtwithhe was unable toprovide target inpreparing files,led preparationoftargetfiles.WhileWesthuizen’srole that of thecrimes Westhuizen wassubsequently than 1995. forallof other grantedamnesty in nature,thereforemeetingpolitical requirements the ActNo. ofSection20(3) 34of that themotivebehind theapplicant’s involvement intheabove-mentioned crimeswas 62 CEU eTD Collection death ofAmyBiehl,the members of theCommittee the issueshowed greatattention to aboveAs shown inthe section, applicants responsible when dealingwiththe forthe Amy Biehl. not havingstrictlyfollowedquestioned law. the Thatisthecaseof murder of for theCommitteecould be the of fact Iwas ruling ableone caseinwhich only tofind thelaw.However as above,followed case. thiswas you cansee3.3 not the in section In andmore applications,therewouldhave howstrictlymore been they upon aneasing with dealt Committee the and progressed, time while that expected Ihowever heard. it It isnotsurprisingthattheCommittee the lawinfirstadhered so case strictlyto that South Africa,whentheycommitted crime. their power andbecoming apartof PresidentMangope objective from removing in mind, that didhavea didfind theapplicants political amnesty. However,thecommittee gain thenitwouldautomaticallypolitical disqualify theapplicantsfromreceiving hadbeen heatoffence so committed done inthe of themoment,orforsomesort oftheapplicants motive was indeed themostimportant issue fortheCommittee. If the themotivein mind, oftheapplicantshallbeconsidered. Wesee that inthiscase,the crime determiningthat while ifthe committed was committedwith objective apolitical explains ofActNo.34 1995 law.Wesee20(3) ofthe exactly that.Section following expecta first case very close thatwentbeforetheAmnestyCommittee, one would atthefirstcase Mokgatle.As Let uslook thatofBoyDialiandChristopher the presented, 1995 quiteclosely. 34of of ActNo. thewith requirementsthatmustbemetforamnestytogranted, the section dealing 63 CEU eTD Collection the Committee which said law established. law said which Committee the requirements setChapter FourofActNo.of 1995were forthin 34 strictlyadheredtoby Imust thattherulesandtherefore conclude 1995, rejectmyinitialhypothesis. Imust outsidethestrictguidelinesquestionedfor falling 34of atall ofSection20ActNo. Based above onthe findings, andthatonlyoneoftheninecases studiedcanbe motive oftheapplicants that determined the granting ofamnesty. thetime though Committee did keepstrictlythe tolawinthatitwasultimately the show thesemembers oftheCommittee seen cases. menis intheother not Atthesame was their crime theirin factproportional to stated The leniencythatthe motive. that believed applicants the why clear became it politics, of understandings primitive very levels thattheapplicantsallhad ofeducation,aswellverylow After findingout Committee also questioned theapplicants extensively aboutlevels their of education. female. However, the notjustifythebrutalmurderofthissinglewhite the hearingcould would have the landreturnedtothem. Inmanyways themotive thatwas in presented testimony oftheapplicantsshows thattheybelieved they thatbykillingAmyBiehl land The the to Africanpeople. statedof havingthe returned the proportional to goal no wayseemed killingofasingle whitegirlin that the Theproblemwas of motive. 64 CEU eTD Collection dealt with. successful Africa transitions,South was stillbleeding, woundsofthepast the hadtobe wasoutcome its first a holding all-inclusive new country, elections in1994.Despite the Party cametogethertoestablish anda anewconstitution, new democraticnation.The of theAfricanNational Congress, theNational andtheWhitesunderleadership of leadership the under Blacks The transition. negotiated of aperiod entered Africa South changed. all that and President was elected Klerk de F.W. 1989 in However spectrum. assassinations, bombings, civilianssidesand thedeaths oftheracialon both ofinnocent years,a violentcivilwarthatthe culminatingin wasfought in secret streets, through a violentrevolutionarymovementbythe more thanforty oppressedled to majority,for between theraces. complete segregation BlacksandThis of Whitesinallaspectsoflife everya systemstandards separate aspectoflife.Itestablished of andunequalliving itwas thanasystem rule; an ideologythataffectedApartheid wasmore government of system. strict segregationist laws laid thefoundation fortheentrenchment oftheApartheid D.F. Malan’s National solidified thissegregation. Partygovernmentonly Thepassing of oftheTherise based asystemsegregation, andrule majority bytheminority. of on of 17 Partyrule. thefoundingofCape inthelate of ApartheidandNational From Colony South Africahas faced itshistory, manyhardshipsthroughout nonesoimportantas that th century,totheriseofNationalPartpowerAfrican to in1948,South society was Conclusion 65 CEU eTD Collection Committee. to anoverallbetterunderstanding of placewhat exactly took intheAmnesty dofurtherresearchbeing ablethis.However,time withonecould todo me from leading the Committee. thatIfaced Thelimitations incompletingthisstudy however inhibited applicantswhowentbefore as interview members oftheAmnestyCommittee wellasto cases.necessarymany more alsobe toresearch Itwould necessary tointerview goonly sofarinnegatingmyhypothesis. In order findings tostrengthenthe itwouldbe caseThis Thereforemyfindingsarelimited,andstudy wasverysmallinnature. can as forth one unitednation. inprovidingthepeopleofSouthAfricawithclosure necessary tomove role forthem could receive Thisprovedamnesty crimesthey toplayanimportant forthe committed. motivethey thatthere aswellwas crimehadapolitical prove entire truth, able to couldapplyforamnestytheir Iftold the crimes. time ofApartheid theperpetrator was where ofpoliticalcrimes the Committee established as perpetrators from a forum important roles that theTRCplayedwas ofAmnesty.that ofthegranting The Amnesty No. 34establishing andReconciliation theTruth Commission. One ofthemost theIn 1995 Parliament passed ofNational thePromotion Act UnityandReconciliation 66 CEU eTD Collection Bloomington: Indiana University Press, 2010. Cole, Catherine M. Deliver? Africa: didtheTRC eds. Merwe, van der Hugo R,and Audrey Chapman, http://www.britannica.com/EBchecked/topic/359504/Daniel-F-Malan Britannica Alex. Boraine, http://www.justice.gov.za/trc/decisions/2001/ac21257.htm "AC/2001/257." Truth and Reconciliation Commission. http://www.justice.gov.za/trc/decisions/2001/ac21128.htm "AC/2001/0128." Truth andReconciliation Commission . http://www.justice.gov.za/trc/decisions/2000/ac200210.htm "AC/2000/210." Truth and Reconciliation Commission. http://www.justice.gov.za/trc/decisions/2000/ac20090.htm "AC/2000/90." Truth andReconciliation Commission . http://www.justice.gov.za/trc/decisions/1999/ac990350.htm "AC/99/0350." TruthandReconciliation Commission. http://www.justice.gov.za/trc/decisions/1999/ac990345.htm "AC/99/0345." TruthandReconciliation Commission . http://www.justice.gov.za/trc/decisions/1999/ac990294.htm. "AC/99/0294." TruthandReconciliation Commission. http://www.justice.gov.za/trc/decisions/1998/ 980728_ntamo%20penietc.htm. "AC/98/0030." TruthandReconciliation Commission. http://www.justice.gov.za/trc/decisions/1996/ 960822_diale%20makgale.htm. "AC/96/0001." TruthandReconciliation Commission. , s.v. "Daniel 2012, F.Malan,"lastmodified A Country Unmasked Performing South Africa's Truth Commission: stagesoftransition Truth Commission: SouthAfrica's Performing Philadelphia: University of Pennsylvania Press, 2008. Press, Pennsylvania of University Philadelphia: . Cape Town:OxfordUniversity Press, 2000. Bibliography 67 Truth and Reconciliation inSouth Truth andReconciliation ...... CEU eTD Collection in Search of aSharedIdentity Search in Kim, Sebastian and C.H.,Kollontai, GregHoyland,eds. Pauline Africa South in Reconciliation andJames, Lindavan Wilmot, der Vijver, eds. http://www.info.gov.za/aboutsa/history.htm#Apartheid. "History." SouthAfricanGovernment March 9,2012. Information.Last modified http://www.sahistory.org.za/people/ hendrik-frensch-verwoerd. "Hendrik Frensch Verwoerd." South African History Online. Last modified2010.http://newhistory.co.za/. Giliomee, Hermann, andBernardMbenga. South"New History Africa."NewHistory. of University Press, 1999. Ebrahim, Hassen. South Africa Francois, andDu Bois, AntjeDu Bois-Pedain. University Press, 2007. Antje. Bois-Pedain, Du 1985-1995 Afirca, South Doxtader, Erik. 9, 2012. http://www.info.gov.za/ speeches/1996/101348690.htm. Town, 2February1990." South AfricanGovernment Information. Last modified March Africa, Ninth Cape RepublicOfSouth SecondSessionOf The ParliamentOf The The de Klerk, F.W. bytheStatePresident,"Address FWDeKlerk, Mr DMS,AttheOpening Of John W. de Gruchy, Longman, 2001. Heather. Deegan, Commission. theAfrica, Act"Constitution of RepublicofSouth of 1993."andReconciliation Truth 200 . Cambridge: Cambridge University Press, 2008. Press, University Cambridge . Cambridge: http://www.justice.gov.za/trc/legal/sacon93.htm With Faith in the Works of Words: the Beginnings of Reconciliation in The Politics of the New South New Africa: Apartheid Politicsofthe andAfterThe The South of a Nation: Constitution-making in South Africa inSouth Constitution-making of aNation: South The Reconciliation: Restoring Justice Transitional Amnesty in South Africa Transitional AmnestyinSouth . Claremont: David Phillip, 2009. . Claremont:DavidPhillip, . Aldershot: Ashgate, 2008. . Athens: UniversityOhio Press, 2001. 68 Justice and Reconciliation in Post-Apartheid After the TRC: Reflections on Truth and onTruth Reflections TRC: After the . Cape Town: David Philip, 2002. David. Cape Philip, Town: . Cambridge: Cambridge Peace and Reconciliation: Peace . . Harlow: . N.p.:Oxford CEU eTD Collection 0.026.021.000 http://www.disa.ukzn.ac.za/index.php?option=com_displaydc&recordID=min1990050 Groote "The SchuurMinute." DigitalInovation South Africa. Last 2012. modified Transitional Justice inAfrica Pillay. Suren and Lekha, Chandra Sriram, Sparks, Allister. Process Jeremy. Sarkin-Hughes, Omer-Cooper, J.D. Reconciliation Commission . "Promotion of NationalUnityandReconciliation 1995." ActNo.34of Truthand Press, 2002. Commission Reconciliation and Truth Africa's Posel, Deborah,andGraemeSimpson,eds. nity%20Act%20of%201990%20South%20Africa&f=false. wbIvZHhDg&redir_esc=y#v=onepage&q=Indem SO&sig=Wb7YuJZCd8F30tgXvqb6BdTuLfg&hl=en&sa=X&ei=kPecT9SSJciF- =bl&ots=1sBxI8t- S17AIK0C&pg=PA156&lpg=PA156&dq=Indemnity+Act+of+1990+South+Africa&source Leiden :MartinusNijhoff Publishers, 2007.http://books.google.hu/ books?id=X_n- Ntoubandi, Faustin Z. Market Paperpack, 2008. Meredith, Martin. Leo. Marquard, 2003. MacKinnon, AranS. Krog, Antjie. . Antwerp: Intersentia, 2004. Country of mySkull . A Short History ofSouthAfrica Beyond the Miracle Diamonds, Gold,ofSouthAfrica TheMaking and War: A History ofSouthernAfrica The Making of South Africa: Politics Culture and Africa: ofSouth Making The Amnesty for Crimes Against Humanity Under International Law International Under Humanity CrimesAgainst Amnesty for Carrots and Sticks: the TRC and the South African Amnesty SouthAfrican theTRCand and Sticks: Carrots . Scottsville: University of Kwa-Zulu Natal Press, University. Scottsville: ofKwa-Zulu 2009. http://www.justice.gov.za/legislation/acts/1995-034.pdf . London: Vintage, 1999. . Chicago:TheUniversityPress, 2003. ofChicago Peace Versus Justice?: the Dilema of the VersusJustice?: Peace Commissioning the Understanding South Past: Commissioning 69 . Johannesburg :Witwatersrand University . 1954. Reprint,. 1954. New York: Praeger, 1968. . N.p.: James Currey, 1994. Currey, James . N.p.: . N.p.: Prentice Hall, Prentice . N.p.: . UK: Mass . . CEU eTD Collection http://www.justice.gov.za/trc/amntrans/pe/cradock1.htm Reconciliation Commission . andReconciliation"Truth Commission,Amnesty Hearings,Truth and 23-02-1998." Reconciliation Commission .http://www.justice.gov.za/trc/amntrans/pe/mother8.htm. andReconciliation"Truth Commission, AmnestyHearings,and Truth 3October1997." Reconciliation Commission. http://www.justice.gov.za/trc/amntrans/pe/mother7.htm. andReconciliation"Truth Commission, AmnestyHearings,and Truth 3October1997." Reconciliation Commission . andReconciliation"Truth Commission, AmnestyHearings,and Truth 3October1997." Reconciliation Commission. http://www.justice.gov.za/trc/amntrans/pe/mother5.htm. andReconciliation"Truth Commission, AmnestyHearings,and Truth 3October1997." Reconciliation Commission. http://www.justice.gov.za/trc/amntrans/pe/mother4.htm. andReconciliation"Truth Commission, AmnestyHearings,and Truth 2October1997." Reconciliation Commission .http://www.justice.gov.za/trc/amntrans/pe/mother3.htm. andReconciliation"Truth Commission, AmnestyHearings,and Truth 1October1997." Reconciliation Commission. andReconciliation"Truth Commission,Amnesty Hearings,Truthand 30-09-1997." Reconciliation Commission. http://www.justice.gov.za/trc/amntrans/pe/mother1.htm. andReconciliation"Truth Commission,Amnesty Hearings,Truthand 29-09-1997." http://www.justice.gov.za/trc/amntrans/capetown/capetown_biehl01.htm. Reconciliation Commission. andReconciliation"Truth Commission, AmnestyHearings, and Truth 8July1997." http://www.justice.gov.za/trc/amntrans/phokeng/phokeng.htm Reconciliation Commission . andReconciliation"Truth Commission, AmnestyHearings, Truthand 20May1996." Thompson, Leonard. A History of SouthAfrica http://www.justice.gov.za/trc/amntrans/pe/mother2.htm http://www.justice.gov.za/trc/amntrans/pe/mother6.htm 70 . 3rd ed. N.p.: Yale University Press, 2001. N.p.:YaleUniversity . 3rded. . . . . CEU eTD Collection http://www.justice.gov.za/trc/amntrans/1999/9909271013_dbn_991008db.htm and Reconciliation Commission . andReconciliation Commission,"Truth Amnesty Hearings,Truth 1999." 8thOctober http://www.justice.gov.za/trc/amntrans/1999/9909271013_dbn_991007db.htm and Reconciliation Commission . andReconciliation Commission,"Truth AmnestyHearings,Truth 1999." 7thOctober http://www.justice.gov.za/trc/amntrans/1999/9909271013_dbn_991006db.htm. and Reconciliation Commission . andReconciliation Commission,"Truth AmnestyHearings,Truth 1999." 6thOctober http://www.justice.gov.za/trc/amntrans/1999/9909271013_dbn_991004db.htm. Reconciliation Commission. andReconciliation"Truth Commission,Amnesty Hearings,Truthand 04-10-1999." 9909271013_dbn_990929db.htm. Truth andReconciliation Commission. http://www.justice.gov.za/trc/amntrans/1999/ andReconciliation"Truth Commission, AmnestyHearings,September 29th 1999." 9909271013_dbn_990928db.htm. Truth andReconciliationCommission .http://www.justice.gov.za/trc/amntrans/1999/ andReconciliation"Truth Commission, AmnestyHearings,September 29th 1999." 99092021_pmb_990921pm and Reconciliation Commission .http://www.justice.gov.za/trc/amntrans/1999/ andReconciliation"Truth Commission, AmnestyHearings, Truth 21stSeptember1999." 99092021_pmb_990920pm.htm. Truth andReconciliation Commission. http://www.justice.gov.za/trc/amntrans/1999/ andReconciliation"Truth Commission, AmnestyHearings,September 20th 1999." 98090708_ben_benoni2.htm. and Reconciliation Commission .http://www.justice.gov.za/trc/amntrans/1998/ andReconciliation"Truth Commission, AmnestyHearings, Truth 8thSeptember1998." 98090708_ben_benoni1.htm. and Reconciliation Commission. http://www.justice.gov.za/trc/amntrans/1998/ andReconciliation"Truth Commission, AmnestyHearings, Truth 7thSeptember1998." 71 . . CEU eTD Collection ed. N.p.: Wiley-Blackwell, 2007. ed. N.p.:Wiley-Blackwell, Worden, Nigel. Justice, andImpunity eds. Doxtader, Erik and Charles, Villa-Vicencio, Town: UCT Press, 2009. Villa-Vicencio, Charles. Commission Annelies. Verdoolaege, http://www.usip.org/publications/truth-commission-south-africa Commission:"Truth SouthAfrica."UnitedStates Institute ofPeace. http://www.justice.gov.za/trc/amntrans/2000/201009jb.htm and Reconciliation Commission. andReconciliation Commission,"Truth AmnestyHearings,Truth 2000." 9thOctober http://www.justice.gov.za/trc/amntrans/2000/200228jh.htm and Reconciliation Commission. andReconciliation"Truth Commission, AmnestyHearings,February 2000."Truth 28th http://www.justice.gov.za/trc/amntrans/1999/9909271013_dbn_991013db.htm and Reconciliation Commission . andReconciliation"Truth Commission, AmnestyHearings,October 1999."Truth 13th http://www.justice.gov.za/trc/amntrans/1999/9909271013_dbn_991012db.htm and Reconciliation Commission . andReconciliation"Truth Commission, AmnestyHearings,October 1999."Truth 12th http://www.justice.gov.za/trc/amntrans/1999/9909271013_dbn_991011db.htm and Reconciliation Commission . andReconciliation"Truth Commission, AmnestyHearings,October 1999."Truth 11th . Amsterdam: JohnBenjamins Pub.,2008. The Making of Modern South Africa: Conquest, Apartheid, Democracy Apartheid, Conquest, SouthAfrica: ofModern The Making . Claremont: David Philip,2003. Reconciliation Discourse: the case of the Truth and Reconciliation Walk With us andListen: Africa Walk Withus in Political Reconciliation 72 The ProvocationsThe ofAmnesty:Memory, . . . . Cape . . . . 4th