Amnesty Hearings — Johannesburg — 1998-10-15

MR COETZEE: As it pleases you Chairperson.  Chairperson, I know that you have been referred to page 98 of the record, and with your leave, I would like as starting point, to use this aspect of the record, where the Judge who heard this particular case of the second and third applicant, after hearing all the evidence, came to the following conclusion
	The evidence is that at the time of this offence, the country was in a state of hysteria, certain aspects of the population were behaving in an insane way and it is clear that you would not very easily commit such a deed again and I am going to refer to the following sentences.
	You will excuse me if I say of you that it appears to me that you are people with reference to the second and third applicant, who are easily influenced, and who are not extremely intelligent.  This has also contributed to your participation in this expedition.
	I respectfully submit that the applications of the second and third applicants comply with the prerequisites of the Truth and Reconciliation Act as contained in Section 20(1)(a), secondly that this was a deed with a political objective, or which was connected to a political objective and was committed within the context of the past.  
	I submit in reference to the following, that this attack took place four days before the 1994 elections.  At that stage the political situation was incredibly insecure and very tense.  Certain communities or parts of these communities and political groupings in general, tried to intimidate one another, or feared violence.
	The memorable Shell House incident took place a number of days before this, and for everybody it was clear that automatic weaponry had been used during this incident.  This was also confirmed during other preceding incidents.
	It was clear that the SAP was not able to protect the general public.  Furthermore I indicate that the applicants lived in an isolated mining community in Secunda, where they also worked and relied  on their background that communism was threatening their lifestyle and values, and based upon this, months before the elections, onslaught was launched on their thought patterns by the AWB and other right-wing organisations.
	Because of a variety of factors, including the isolation of the area, the proximity of black neighbouring towns and the attitudes of the white villages, there was a fear psychosis among the inhabitants of this town, as well as the applicants.
	The general public gathered supplies for emergencies, but were not aware of the urgency of the situation in places like Secunda.  The applicants among others, received notices in page 59 and further and I quote, people, sorry, this is a necessity, you and your family have to flee.  There is no time to pack and then this circular concludes with help us to plan, we need help.  May God help and preserve us.
	This circular letter represents the atmosphere which reigned in Secunda particularly before this incident and it is clear that the applicants took these warnings thoroughly  to heart.
	The second and third applicants, like many other people, believed that on the election day, they would be attacked.  As part of planning, safe houses were developed in order to protect women and children.  The second and third applicant undertook night shooting and convoy training courses because it was feared that such incidents in which vehicles would be attacked, would indeed take place.
	From the entire evidence it is clear in which atmosphere the applicants found themselves.  This atmosphere was created by a broader political condition.  The applicants' application must be seen within the broader context and situations, which existed back then.
	I submit that by isolating certain situations, it would not give enough consideration to this atmosphere which reigned at that stage.  I submit that the wording, a deed which was committed and is connected to a political objective, indicates that the crime did not necessarily have to be connected with politics, but that it is related to it.  	It is my submission that the legislation has given a greater spectrum to this.  It is not necessary then if I state it plainly, to be politically motivated in your crimes with an AWB badge in the one hand, and a stone in the other.

CHAIRPERSON: Yes, you don't even have to be a member, you can only be a supporter as well.