DECISION
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Lazarus Chikane (1st Applicant), Michael Homotsang Seloane (2nd Applicant) and Akila Mantshane Mapheto (3rd Applicant) were, at all time relevant hereto, members of the African National Congress (the ANC) and its military wing, Umkhonto weSizwe (MK).
During the night of the 13th October 1985 the 2nd Applicant and the 3rd applicant, who were acting as members of a unit of MK under the leadership of the 3rd applicant, attacked the house of George Mathebula at Mamelodi by throwing handgrenades through the windows thereof. At the time of the attack the said George Mathebula was a member of the South African Police Force (the SAP). He, as well as his wife, Nomadlozi Mathebula, and his mother, Annah Mapula, were present in the house at the time of the attack. Both George Mathebula and Nomadlozi Mathebula received physical injuries as a result of the attack. The 3rd Applicant received the order to carry out the attack from his then commander, Stanza Bopape.
During the night of 22nd January 1986 the 1st Applicant and the 3rd Applicant, again acting as a unit of the MK under the leadership of the 3rd Applicant, attacked in similar fashion the house of another member of the SAP, one Zenzile Makhudu, at Mamelodi. The attack resulted in the death of Zenzile Makhudu. Rosina Mabena, who was present in the house at the time of the attack, sustained bodily injuries. The attack was ordered by the 3rd applicant's then commander Mainstay Maponya.
At the time in question the police were regarded by both the Mamelodi Committee and MK as being enemies of the people. Members of the SAP had been harassing and victimising members of the Mamelodi community and various attacks were planned and carried out by MK against members of the SAP as part of a campaign to both fight the apartheid regime and to isolate the SAP from the community. Both George Mathebula and Zenzile Makhudu were specifically identified as targets.
We are, after considering all the evidence, satisfied that both attacks were acts associated with a political objective committed in the course of the conflicts of the past. We are also satisfied that the applicants have made a full disclosure of all relevant facts and that their applications comply with the requirements of the Promotion of National Unity and Reconciliation Act, No 34. of 1995.
In the result :
1. Amnesty is GRANTED to Lazurus Chikane in respect of:
the murder of Zenzile Makhudu;
the attempted murder of Rosina Mabena;
the unlawful damage caused to the house and the goods of the occupants of the house of Zenzile Makhudu; and
the unlawful possession of hand grenades all committed on or about 22nd January 1986 at Mamelodi.
2. Amnesty is GRANTED to Michael Homotsang Seloane in respect of :
the attempted murders of George Mathebula, Nomadlozi Mathebula and Annah Mapula;
the unlawful damage caused to the house of George Mathebula and the goods of the occupants thereof ; and
the unlawful possession of hand grenades.
all committed on or about 13th October 1985 at Mamelodi.
3. Amnesty is GRANTED to Akila Mantshane Maphetho in respect of:
the murder of Zenzile Makhudu
the attempted murder of Rosina Mabena;
the unlawful damage caused to the house of Zenzile Makhudu and the goods of the occupants thereof; and
the unlawful possession of hand grenades,
all committed on or about 22nd January 1986 at Mamelodi;
the attempted murders of George Mathebula, Nomadlozi Mathebula and Annah Mapula;
the unlawful damage caused to the house of George Mathebula and the goods of the occupants thereof; and
the unlawful possession of handgrenades, all committed on or about 13th October 1985 at Mamelodi.
We are of the opinion that George Mathebula, Namelodzi Mathebula, Annah Mapula, Rosina Mabena and the next of kin of Zenzile Makhudu, namely Ace Sgudla, Johannes Kokela and Maggie Makhudu are victims in this matter. Their names are referred to the Committee on Reparation and Rehabilitation for consideration in terms of section 26 of the aforesaid Act.
Dated at ..........................this ............ day of ............................ 1999.
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JUDGE S.M.MILLER
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ADV. L.GCABASHE
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MR I. LAX.
