F I N D I N G
Then we would like to call the matter of Phila Martin Dolo for the purposes of releasing a decision in respect of that. This is the matter of Phila Martin Dolo, reference number AM3485/1996 for the purposes of giving the panel's decision. And by way of introduction again, in this matter we have been able, as a result of the circumstances which apply to the session, to be able, unlike in the normal course, to formulate a decision which we will present.
This is an application for amnesty pursuant to Section 18 of the Promotion of National Unity and Reconciliation, Act 34 of 1995.
The applicant, Phila Martin Dolo, was at all material times a cadre of the Azanian People's Liberation Army, APLA, the military wing of the Pan African Congress, PAC, having received training as such under its auspices outside of the Republic. He was tried and convicted on 5 December 1994 in the Witwatersrand Local Division of the then Supreme Court of the following:
1. Murder.
2. Attempted murder.
3. Unlawful possession of machine guns.
4. Unlawful possession of ammunition intended to be fired from a machine gun or machine rifle or any similar armament.
5. Unlawful possession of any explosive or incendiary device or any part thereof.
6. Unlawful possession of a grenade.
7. Attempted murder.
He was sentenced on 9 December 1994 as follows. On the first charge, life imprisonment. On the second charge, ten (10) years' imprisonment. On charges three and four taken together for the purpose of sentence, twelve (12) years' imprisonment. Count five, ten (10) years' imprisonment. Count six, twelve (12) years' imprisonment. Count eight, eight (8) years' imprisonment.
He applies for amnesty in this hearing in respect of these convictions and in addition, in respect of his participation and activities in connection with an operation to bomb the Yeoville Police Station. Part of such activities constituted the subject matter of count seven at the above said proceedings. Applicant was acquitted on this count at the trial.
Although there are several incidents referred to in the application, only the matters referred to above were heard before us. The others having been either heard during other hearings of the Amnesty Committee or held in abeyance pending other developments. The co-accused of the applicant in the trial had been given notice of and were present at the hearing. The family of the late Constable Jacob Hlomela Mabaso had also received notice, but declined to be present at the hearing. Sergeant Edward Nelushi and Ian Alexander Veldman also received notice and were present at the hearing. Their, and other victims' interests, were represented by the Leader of Evidence, Mr Zuko Mapoma.
The applicant testified and confirmed the contents of his affidavit which forms part of the record before us. He clarified the source and basis for his orders which resulted in the two incidents and the consequences. We do not regard it necessary to traverse the facts in any detail.
Applicant said he had been deployed in the Gauteng area in early 1993. He and his unit had been planning various operations, including the attack upon the Yeoville Police Station. He was a regional commander with several units under his command. On 26 May 1993 the security forces launched a series of raids and operations against the PAC and APLA. This was during the negotiation process and as a consequence he received the instructions from the director of special operations, one Sipho Bulelani Quma, code name Polite, to launch operations against the SAP in his area. All of the incidents dealt with in the application were special operations undertaken pursuant to this order.
Having conducted reconnaissance, the applicant, together with his co-accused, one Musa and one Kenny, launched an attack upon a police van on 28 May 1993. The occupants of the vehicle were Constable Mabaso, the driver, and Sergeant Nelushi. It is common cause that Constable Mabaso died in the attack and that Sergeant Nelushi was severely injured in the attack. On the following day, 29 May 1993, the applicant instructed his co-accused and Musa in the use of the explosives referred to in paragraph 14, at page 18 of the bundle before us which explosives he had requisitioned via a courier from Sipho Bulelani Quma, who was at the time in the then Transkei and sent them to carry out the operation to bomb the Yeoville Police Station. It seems evidence from the testimony of the applicant and other documents that the police were aware of this operation and arrested the co-accused of the applicant before the explosives could be placed and any harm done.
On 30 May 1993 the applicant was arrested after having been wounded in an exchange of fire with members of the police. At the time of his arrest he was in possession of the items referred to in counts three, four, five and six. That in essence was the evidence on behalf of the applicant.
Sergeant Nelushi testified as to the circumstances of the attack, the death of his friend and colleague and his injuries and the consequences thereof. He did not oppose the application and expressed no ill-feelings towards the applicant. Mr Mapoma had placed on record that none of the other victims were opposing the application. No other evidence was led before us.
There can be no doubt that the applicant was cadre of APLA. His actions as set out above were all within the ambit of the policies of both APLA and the PAC. We may mention that the Commission has had extensive evidence and received submissions detailing such policies and strategies. The applicant's conduct falls, in our view, within such framework and accordingly are held to be acts associated with a political objective as envisaged in Section 20(2), read with Section 20(3) of the Act.
With regard to the issue of full disclosure. We are satisfied that the applicant has made full disclosure of all material facts. He has not tried to minimise the nature and extent of his involvement and has further applied for amnesty for an aspect for which he was acquitted in the trial. He has also disclosed additional facts which evidenced his bona fides in this regard. The applicant was not from the area where these events took place and had no personal interest or agenda in respect of the persons injured or killed who were all unknown to him. There is no suggestion that he acted for personal gain.
Accordingly, we grant the applicant amnesty in respect of the following:
1. The murder of Jacob Hlomela Mabaso on 28 May 1993 at Diepkloof in the then Transvaal.
2. The attempted murder of Edward Nelushi on 28 May 1993 at Diepkloof in the then Transvaal.
3. The attempted murder of Ian Alexander Veldman on 30 May 1993 at Diepkloof in the then Transvaal.
4. Unlawful possession of machine guns.
5. Unlawful possession of ammunition intended to be fired from a machine gun or machine rifle or any similar armament.
6. Unlawful possession of any explosive or incendiary device or any part thereof.
7. Unlawful possession of any grenade.
8. All acts in relation to the planning, orders and preparation of the failed bombing of the Yeoville Police Station on 29 May 1993, including the unlawful possession of explosives, possession of 2kg of plastic explosive, one Chinese stick grenade and 250 grams of TNT.
The matter of the death of Jacob Hlomela Mabaso and the attempted murders of Edward Nelushi and Ian Veldman are referred to the Reparations and Rehabilitation Committee pursuant to the provisions of Section 22(1) of the Act. That is the decision in respect of the matter of Phila Martin Dolo.
That concludes the proceedings for today. As has been indicated earlier, the matter of Mr Mvijane stands down until 9 o'clock tomorrow or as soon thereafter as the matter may be heard. We are adjourned. Just for purposes of completion, the decisions which were handed down this afternoon would be communicated to the Department of Correctional Services as per the normal procedure which applies to matters of this nature. We adjourn.
COMMITTEE ADJOURNS
