DECISION
The Applicant applies for amnesty in terms of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act"), as amended. Amnesty is sought in respect of the killing of one Thomas Mangane on the 10th January 1990 in Mbuzini, and for being in possession of arms and ammunition. Applicant was not charged with these offences. He applied for and was given indemnity by the then State President on the 26th April 1994 in respect of the killing of Mangane. He applies for amnesty so as to fully inform the public and the victim's family that he executed this operation, the reasons therefor, and to be able to be part of a process such as this where full disclosure assists in the reconciliation process this country has embraced.
SUMMARY OF THE EVIDENCE
The Applicant was a member of the African National Congress and Umkhonto weSizwe ("MK") who was trained in Tanzania, Ethiopia, Angola, Zambia and the then Soviet Union, having left South Africa in 1986. After training he operated from Swaziland under the command of Itumeleng Tsimane. As part of his tasks, he was instructed to open routes to infiltrate MK members into South Africa, establish underground structures and remove any obstacles that hampered the activities of the ANC.
He testified that Thomas Mangane was identified as a person who had become one such obstacle. He had known Mangane as an activist in the 1980's. Mangane seemed to subscribe to the policy, norms and standards of the ANC. In fact at some stage he was used as a contact for MK underground operatives. This changed however and the Applicant was advised by headquarters to be wary of Mangane as he appeared to be working for the State. Applicant found out that Mangane had turned State witness against MK combatants in 1987. After that he worked as a police informer, and was deployed to monitor all the ANC's activities in Swaziland, and with respect to MK infiltration routes through Mbuzini. This limited the movement of ANC cadres in that area of operation, and constrained local activist's political activities in the area.
Applicant personally investigated the allegations against Mangane and found them to be true. He saw Mangane in Swaziland after Mangane had become a police informer, though Mangane did not see him. When Applicant infiltrated back into South Africa he set up surveillance units. These confirmed Applicant's own observations concerning Mangane. Bobby Magagula, one of their cadres, was killed by the police as a result of information furnished by Mangane. As a result Applicant and his commander discussed the activities of Mangane and decided that something had to be done. The decision to eliminate Mangane was then taken, with the further approval of the late Chris Hani to whom the Swaziland operation was directly accountable.
Applicant went to Mangane's home at Mbuzini on the 10th January 1990, and when Mangane opened the door, Applicant shot him with a Marakov pistol. He testified that he was alone when he killed Mangane.
The victim's family and the police denied that Mangane had been a police informer, as did the police. Applicant maintained that he had personally verified the information that the ANC and its intelligence unit in Mbuzini had gathered about the activities of Mangane.
Applicant was arrested in February 1991. At the time he was in possession of the following:
(a) 2 handgrenades;
(b) 2 detonators; and
(c) 1 Marakov pistol with ammunition.
CONCLUSION
It is common cause that the Applicant was a member of the ANC who operated under the command of the Swaziland command structure of the ANC. His regional commander, Itumeleng Tsimane, gave the order that Mangane should be eliminated. This order had the approval of the overall commander of the MK structure in Swaziland, the late Chris Hani. The victim, Mangane, had been identified as an obstacle to the struggle for liberation as waged by the ANC. Applicant personally verified the information relating to the deceased's activities before he killed him. The Committee is thus satisfied that the Applicant has complied with the requirements of Section 20(2)(a) and (d) of the Act.
On the question of full disclosure, the Committee is satisfied that the Applicant gave a full account of the facts and circumstances relating to the killing of the deceased. These same facts were set out fully in his indemnity application. The Committee is satisfied that the Applicant has indeed complied with the requirements of the Act with regard to the disclosure of the material facts he relies on in this application for amnesty.
In the premises, amnesty is GRANTED to the Applicant for the killing of Thomas Joshua Mangane on the 10th January 1990, and for being in possession of the arms and ammunition referred to above, viz.:
(a) 2 handgrenades;
(b) 2 detonators; and
(c) 1 Marakov pistol with ammunition.
In our opinion, Mr Albert Mangane, the son of the deceased, is declared a victim in relation to the said act and the matter is referred to the Committee on Reparation and Rehabilitation for consideration in terms of Section 22(1) of the Act.
DATED at
: THIS
: DAY OF
: 1999.
Judge DENZIL POTGIETER
Adv. C. DE JAGER
Adv. L. GCABASHE
PANEL : Judge D. Potgieter; Adv. C. De Jager; Adv. L. Gcabashe
EVIDENCE LEADER: Ms Lulama Mtanga
VENUE & DATE: 7 June 1999
Telkom Park
PRETORIA
ATTORNEY FOR APPLICANT: Mr B. Kopedi
Mohlaba & Moshoana Inc.
SAAU/SALU Building
cnr. Andries & Schoeman Streets
PRETORIA
Tel.: (012) 3289966
Fax : (012) 3264715
