DECISION
The applicant joined the African National Congress (the ANC) during 1989 when he was in Tanzania. He became a member of Umkonto weSizwe (MK) and underwent military training. He returned to South Africa on 11 December 1991 and went to live in Sharpville.
He thereafter received a number of reports from people at his home that people had come there asking where he was. He was also told that the police were looking for him. He concluded that the only reason why he was being sought was because of his being a member of MK and having recently returned from exile.
He deemed it circumspect to go into hiding and on 24 January 1992 he, together with three companions, went to stay at the house of a Mrs Radebe in Sharpville.
That night, at approximately 02h00, while all the occupants of the house were asleep, there was a loud knock on the kitchen door. The door, which was locked, was forcibly opened. The applicant saw a number of men entering the kitchen. He threw a hand grenade into the kitchen and fled from the house. While fleeing he was shot and injured. The persons who had come to the house were policemen. The applicant was arrested.
Two of the applicant's companions were shot and killed by the police in the incident. Some of the policemen were injured by the hand grenade blast.
The applicant was charged with attempted murder and being in unlawful possession of hand grenades. He was convicted and sentenced to eight years imprisonment. He was released on parole after serving four years.
The applicant did not know who the people were in the kitchen when he threw the grenade. We accept his evidence that he, at the time he threw the grenade, believed that they had come to the house to get him solely because he was a member of MK recently returned from exile.
The applicant did not instigate the incident and, in our view, he acted as an MK cadre who was under attack from political opponents.
We are accordingly satisfied that the offences committed that night by the applicant were acts associated with a political objective as contemplated by the provisions of Section 20 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 (the Act). We are also satisfied that the applicant had made a full disclosure of all relevant facts and that the application complies with the requirements of the Act.
In the circumstances the application succeeds and the applicant is GRANTED amnesty in respect of the offences of attempted murder and the unlawful possession of hand grenades and ammunition which were committed by him at Sharpville on or about 24 January 1992 and in respect of which he was convicted in the Vereeniging Regional Court and sentenced to undergo eight years imprisonment.
DATED AT
: THIS
: DAY OF
: 1999.
JUDGE S. MILLER
ADVOCATE S. SIGODI
ACTING JUDGE C. DE JAGER
The policemen who were injured in the grenade blast and Mrs Radebe, whose property was damaged, are in our opinion victims and this matter is referred to the committee on Reparation and Rehabilitation for consideration in terms of the provisions of the Act.
PANEL : JUDGE S MILLER
ADV. S. SIGODI
ACTING JUDGE C. DE JAGER
EVIDENCE LEADER : MS. L. LOCKHAT
DATE & VENUE : 1 - 5 NOVEMBER 1999
JISS CENTRE, MAYFAIR
JOHANNESBURG
ATTORNEY FOR APPLICANT: Mr Brian Kopedi
