DECISION
The applicant applies for amnesty in terms of Section 18 of Act 34 of 1995, in respect of his conviction on the attempted murder of Mrs Nomsa Hanabe, illegal possession of firearms and ammunition, committed on the 14th of February 1991 at Uitenhage. In respect of these convictions, the applicant was sentenced to 10 years' imprisonment.
The applicant was an Executive member of the ANC Youth League in Klipplaat and a founder member of the Students' Representative Council. Mrs Hanabe was a Mayoress at Klipplaat and Deputy Principal at the applicant's school in Klipplaat.
The applicant testified that the ANC Youth League was completely opposed to the system of local councils and regarded such councils as illegitimate and symbols of oppression. The Youth League resolved to put an end to such structures and accordingly proceeded to dissuade councillors within those structures to resign their participation therein. Many attempts were made at persuading Mrs Hanabe to resign, but without success. However, almost all her councillors resigned and their resignations were welcomed by their community.
In recognition of and appreciation for their resignation the ANC Youth League took active steps to reintegrate those councillors into the community. When Mrs Hanabe refused to resign as Mayoress of the Council, more pressure was put to bear on her including the setting of her house on fire. After he house was set on fire, she fled Klipplaat for Uitenhage.
The applicant contended that although Mrs Hanabe had fled Klipplaat for Uitenhage and although most of her Councillors had resigned she was still able to effectively run the affairs of the Klipplaat local council. It was further contended that Mrs Hanabe's control over the affairs of the Klipplaat local council at that stage, became pronouncedly harsher as was shown by her act of cutting off water and sanitation services for that community.
Consequently the Youth League realised that Mrs Hanabe still posed a serious threat. At about the same time, the Youth League received information from one of its members that Mrs Hanabe had instructed a vigilante group, called AmaAfrika to kill certain members of the Youth League.
On the 12th of February 1991, the Executive members of the ANC Youth League took a decision to kill Mrs Hanabe in order to render her ineffective for the control and administration of the Klipplaat local council. The applicant as well as the other Executive members of the Youth League, were instructed to carry out the order to kill Mrs Hanabe.
On the 14th of February 1991, the applicant followed Mrs Hanabe to church. He and his fellow members waited for her in the vicinity of her church. When Mrs Hanabe went to her vehicle after the church service was over, the applicant fired several shots at her. Mrs Hanabe did not die but sustained serious injuries which disabled her.
We accept that there was evidence of an ongoing political struggle between the ANC Youth League and the members of the local council. We accept that the ANC Youth League were completely opposed to the local councils and regarded such local councils as oppressive and offensive. So opposed was the ANC to this system, that it conducted a campaign aimed at putting an end to this system. Pursuant thereto, almost the entire members of the local council in Klipplaat resigned. It was however submitted on behalf of the applicant, that the decision to pursue Mrs Hanabe in order to kill her, even though she was no longer residing at Klipplaat and even though she was almost the only active member of her local council, was because she was still able to effectively administer the affairs of the local council. In this regard the applicant alluded to the incident when she was able to sever water supplies and sanitation services to the Klipplaat community.
We find it improbable that Mrs Hanabe could have been able to single handedly run the affairs of that community to the extent that has been alleged by the applicant. We accordingly find that whilst the applicant might have been motivated by political consideration to commit the offence for which he is convicted, the nature of the attack was such that there was no proportionality between the said attack and the alleged political objective which the applicant sought to achieve, namely, rendering Mrs Hanabe ineffective to run the affairs of the local council in Klipplaat: She had already fled Klipplaat and almost all her fellow councillors had resigned.
All these factors by themselves must have made the proper and effective administration of the local council totally ineffective which was the object sought to be achieved. The Committee accordingly finds that the offences were not acts associated with a political objective and his
APPLICATION IS ACCORDINGLY REFUSED: .
DATED ON THIS THE 19tH DAY OF MAY 1997.
(Signed)
JUDGE H. MALL
JUDGE A. WILSON
MS S. KHAMPEPE
