De Kock freed as lawyers head to court

Eugene de Kock, former head of a covert police unit that tortured and killed dozens of people. File photo: AP Photo/Denis Farrell

Eugene de Kock, former head of a covert police unit that tortured and killed dozens of people. File photo: AP Photo/Denis Farrell

Published Sep 7, 2016

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Pretoria - About three minutes after the legal team of former apartheid-era killer Eugene de Kock entered the Palace of Justice on Church Square on Tuesday- armed with an urgent application to have him released from where he was being held in the parking lot of the Kgosi Mampuru II Prison in Pretoria - De Kock was told he was free to go home.

According to his lawyer, Julian Knight, De Kock was held for about two and a half hours in the parking lot by State Security Agency members. De Kock arrived at the prison shortly before noon, as he was summoned to a meeting with the area commissioner.

He was instead told by members of the State Security Agency that he was to be placed under witness protection and taken to a "safe place".

De Kock, who shortly after his release last year also had to remain "in a safe place" for some time under witness protection, refused point blank.

Knight said as De Kock wanted to get into his car to leave, members of the State Security Agency blocked his way with their vehicles.

De Kock immediately phoned Knight, who went to the prison to try to reason with the officials.

When this fell on deaf ears, he instructed advocate Roeloff du Plessis and his team to head to court immediately to secure an urgent order for De Kock's release.

But there was no need, as the team had barely entered the building, when Knight phoned them to let them know it had been agreed that De Kock could go home.

The application was so urgent that Knight was due to take the stand to testify, as opposed to submitting an affidavit.

Du Plessis nevertheless met Judge Lettie Molopa-Sethosa in chambers and left her with a copy of their intended application.

"We will immediately head back to court if this happens again," Knight said.

The legal team asked in their application that the ministers of Justice, Police and State Security as well as the head of the prison, be ordered to immediately bring De Kock before the court.

They also asked that he be allowed to return home under the parole conditions under which he was released in the first place.

It is not clear why state officials wanted to place De Kock under witness protection and why they were claiming he was not safe at his house, at an undisclosed location in Pretoria.

"He has been staying there since his release in February last year, without any incident," Knight said.

Neither Correctional Services, nor the minister of justice or the National Prosecuting Authority (NPA) could shed any light on the happenings on Tuesday.

Spokespersons for the NPA and Correctional Services referred the matter to the office of Justice Minister Michael Masutha.

His spokesperson, advocate Mthunzi Mhaga, simply said "no comment".

Knight said all he was told was that De Kock was "some kind of security threat" or that "his life was in danger".

"But we don't know why. There is no proof of this. He has been living at his house for the past 18 months without incident."

It is not the first time that his team headed to court to have De Kock released from the custody of the State Security Agency.

They also headed to court in January last year, shortly after De Kock's release from prison. He was at the time supposed to be released on parole, but instead ended up being held against his will at an unknown location and under unclear circumstances, his lawyer said.

Knight at the time had no idea where De Kock was. De Kock eventually phoned Knight and said he would phone him every four days.

Last year in court papers, Knight said he had no idea whether De Kock was speaking with a gun to his head.

But the State Security officials released him - before the court could hear the application.

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Pretoria News

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