DECISION
This is an application in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No.34 of 1995 ("the Act").
The applicants apply for amnesty in respect of charges of attempted murder and various contraventions of Act 75 of 1969 arising from the unlawful possession of two F1 and one RGD5 handgrenades, one Stechkin pistol and two loaded magazines of ammunition. All these acts or offences were committed on or about 31 October 1992 at or near Thembeni Location near King William's Town.
All three applicants testified. They allege that they were members of the ANC and a self defence unit (SDU) under the command of the late Mxolisi Sotyhifa ("Sotyhifa"). They had received instructions from Sotyhifa to:
1. steal weapons from soldiers who were members of the then Ciskei Defence Force and who frequented a bar at the Frankfort Hotel;
2. to murder a Ciskei policeman, one Mxolisi Ngqolozana, at Thembeni Location;
The three applicants together with one Sindile Adoni and Sotyhifa then went to the Frankfort Hotel but could not find any soldiers to rob of their weapons. It was then decided to proceed to carry out the second operation. However, they were unable for various reasons to carry out their mission. They then decided to abort the mission and intended to return at some time in the future to try again.
On their way home they were stopped at a road block, and when their vehicle was searched their weapons were discovered resulting in their arrest.
With regard to the first instruction, their object was to obtain weapons and ammunition for the ANC.
With regard to the second instruction, they were informed by Sotyhifa that he had been requested by the chairperson of the Thembeni ANC branch, one Thembisile Mantawule, to kill the policeman because he was troubling and disrupting the ANC and victimising its members.
The applicants acted on the instructions because they considered themselves as falling under Sotyhifa's command and believed it was their duty to obey such instructions.
Although the applicants have applied for amnesty for attempted murder, it is clear that no shots were fired and no acts amounting to an attempt to murder Mxolisi Ngqolozana or for that matter the soldiers were actually committed by them.
Accordingly their actions amount to a conspiracy to commit murder. Their plan to rob the soldiers of their weapons would also in our view amount to a conspiracy.
In the light of the evidence tendered by the applicants we are satisfied that their applications comply with the requirements of section 20(1) of the Act and amnesty is thus
GRANTED: in respect of the following acts
1. Conspiracy to rob weapons and ammunition;
2. Conspiracy to murder Mxolisi Ngqolozana;
3. Any contravention of Act 75 of 1969 arising from the unlawful possession of two F1 and one RGD5 handgrenades, one Stechkin pistol and two loaded magazines of ammunition;
all committed on or about 31 October 1992 at or near Thembeni Location, near King William's Town.
SIGNED ON THE 1ST JUNE 1999.
