DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act"), in respect of the following offences:
1. The murder of LULAMILE SANUSE;
2. The robbery on LULAMILE SANUSE of a 9mm CZ firearm;
3. The unlawful possession of a 9mm CZ pistol without a licence;
4. The unlawful possession of 6.35mm Star pistol without a licence; and
5. The unlawful possession of ammunition without being in lawful possession of a firearm capable of firing such ammunition.
The offences were all committed in Mdantsane in 1993. The Applicant was a member of the African National Congress ("ANC") and a trained cadre of its military wing, Umkhonto we Sizwe ("MK"). It is in this capacity that the offences were committed by the Applicant. The deceased was a member of the Ciskei Police Force when the events referred to herein occurred.
On the 4th August 1993 the deceased was on his way from work when he was shot and killed by the Applicant with a R4 rifle. The said firearm had been given to him by Mpathi Goniwe, the MK commander in Mdantsane to whom the Applicant was accountable. About two (2) weeks before, the Applicant and his comrades, namely Bongani, Lamla Manyadu and Dukumani Bobby had been given an order by Goniwe that members of the Ciskei Police Force and the Defence Force were to be attacked and killed, in retaliation of the killings they were committing against the ANC members and supporters in the area. Matters had come to a head with the Bisho Massacre which occurred on the 7th September 1992 when a large number of ANC supporters were gunned down by the Ciskei soldiers. The Applicant said they were determined to show that they could also hit back at the regime of Brigadier Oupa Gqozo by killing his soldiers and police.
On the day of the attack, the Applicant was acting with Dukwana who knew the deceased and when the deceased came he gave Applicant a signal. The Applicant then instructed the deceased to hold up. This he refused and he reached for his firearm. The Applicant opened fire and the deceased fell to the ground. Applicant found a 9mm pistol in the possession of the deceased, which he took and gave to Goniwe. The pistol had no magazine. Two days later Goniwe returned it to him with a magazine. The serial number had also been erased. When the Applicant was arrested by the police as a suspect in the murder of the deceased, this firearm was found in his possession. He also had a 6.35mm pistol with him. He is now serving a long term of imprisonment for these offences.
At the hearing Dudumani also testified. He confirmed the Applicant's membership of MK, and the evidence that the order was issued by Goniwe, their MK Commander in Mdantsane. He further testified at length about the hostility which existed between members of the security forces and ANC supporters in the area formerly known as Ciskei, of which Mdantsane was part.
Considering the evidence as a whole, it is clear that the Applicant acted in his capacity as a member of a publicly known liberation movement, the ANC and its armed wing. There is no doubt that, in the circumstances he committed offences associated with a political objective. He has also given a full disclosure and has complied with the requirements of the Act. Further, there is no indication that he was acting for personal gain when he killed and robbed the deceased of the firearm. It is clear that he possessed the arms and ammunition for the purpose of furthering the aims of MK.
Amnesty is accordingly GRANTED for all of the offences.
The dependants of the deceased are victims in relation to the above incident and are referred for consideration in terms of Section 22 of the Act.
DATED at CAPE TOWN on this day of JULY 1999.
: JUDGE DENZIL POTGIETER
DR. W. TSOTSI
Adv. N. SANDI
PANEL: Judge Denzil Potgieter; Dr. W. Tsotsi; Adv. N. Sandi
EVIDENCE LEADER: Ms T. Thabethe
VENUE & DATE: 27 July 1999
PORT ELIZABETH
ATTORNEY FOR APPLICANT: Mr Nyoka
MPUMELELO NYOKA
1st Floor, Pakama Building
Cnr. Mabija & Marwanqa Streets
New Brighton
PORT ELIZABETH
Tel. (041) 454-2296
Fax: (041) 454-2828
VICTIM: Mr LULAMILE SANUSE (deceased)
Represented by: Ms T. Thabethe
