DECISION
_________________________________________________________
Applicants apply for amnesty in terms of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 as amended ("the Act") for disarming a Kruger National Park and Mozambique.
The facts of this matter are as follows:
The Applicants are members of the African National Congress ("ANC"). They lived in an area called Malamulela in Gazankulu. Their village was called Mabiligwe. Their commander was one Nkuna, who was an MK member. Nkuna spent time both in Malamulele and in Kathlehong in the East Rand. It was through Nkuna that the Applicant learnt of the violent conflicts that had engulfed the East Rand.
Khuna was well respected in Malamulela. The Applicants met him at the ANC Youth League meeting. Nkuna was in the company of other persons whom the Applicants believed were ANC/ MK operatives. Nkuna not only encouraged the youth to join the ANC, but also gave training in the use of weapons to Malaudzi. In January 1993. Mulaudzi had accompanied Nkuna to one Joseph Cossa to collect two AK47 rifles. These Nkuna took to the East Rand. In September 1993, Nkuna gave Mulaudzi an order to go to Mozambique to go and meet Cossa in Maphai village. Cossa would give Malaudzi firearms to bring back to South Africa. The weapons were to be used to protect the community of Katlehong. Nkuna further instructed that should Mulaudzi come across any game rangers in the Park he was to disarm them but not injure them.
On the 29th September, Mulaudzi left for Maphai village with Ndlovu, whom he had asked to accompany him. They travelled on foot as this was the only route Mulaudzi knew. They travelled for five days. At the time they were not armed. They met Cossa, who gave them one AK47. The AK47 had thirty rounds of ammunition inside, and they were given an additional thirty-three by Cossa. They did not pay for the rifle.
As they prepared to return, one Vincent Madlazi, a Mozambican citizen, asked to return with them. The three then set off for home, through the Kruger National Park. As they crossed the Kruger National Park, they came across three rangers. As one of the rangers approached them, Mulaudzi ordered him to drop his firearm, an R1 rifle. The other rangers were in a trench a distance away. They took the game ranger who surrendered his firearm hostage, and only released him when they got to the Park boundary.
Having hidden the firearms in the nearby bush, the three then went home to Mabilingwe. It was dusk, and as their feet were sore and swollen from the long walk, they decided to go to the Clinic the next day to get some treatment. The police arrested them at the Clinic.
Applicants testified that the political objective they pursued at the time was to render assistance in the conflict torn Kathlehong where, Nkuna had told them, the ANC's Self Defence Units were protecting the community against their Inkatha Freedom Party opponents. The Applicants trusted Nkuna, and bona fide believed that they were participating in a struggle that their political organization was waging against the forces of oppression. Ndluvu confirmed that he and Malaudzi were always together. They shared the same ideals and talked about establishing an ANC branch in the area. When Mulaudzi approached him, he was keen to be of assistance.
CONCLUSION
The applicants were members of the ANC. The person who was their mentor and commander was Nkuna. Though their own area was relatively peaceful, Nkuna had told them of the conflicts of the East Rand townships, and the activities of the ANC in assisting the communities of these afflicted areas. The Applicants saw this conflict as part of the ongoing struggle against apartheid. Their acts, in following the orders of Nkuna, and by taking as hostage the game ranger after taking his firearm, they saw as part and parcel of the struggle their political organisation waged against the South African regime.
They expected no financial gain from this operation, nor did they act out of spite, ill-will or malice.
The Committee is satisfied that the Applicants have made a full disclosure of the material facts relating to this incident. It is further satisfied that the applicants acted with the required political objective in executing the order given by Nkuna. In the premises, they had complied with requirements of Sections 20(1), (2) and (3) of the Act and granted amnesty for:
Armed robbery;
Assault;
Abduction;
Trespass;
Unlawful possession of AK47 and ammunition;
Unlawful possession of an R1 rifle and ammunition.
Dated at ....................... this............ day of ....................... 1999.
..........................................
JUDGE S. MILLER
.........................................
ADV. L.GCABSHE
....................................
MR. I.LAX
