DECISION
This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act") relating to an incident which occurred on 29 March 1994 at or near Pimville and Orlando East, Johannesburg. Pursuant to this incident Applicant was charged and convicted in the Witwatersrand Local Division of the High Court of the following offences:
1. Housebreaking with intention to kidnap and kidnapping;
2. Murder;
3. Attempted murder;
4. Unlawful possession of a 9mm Parabellum pistol;
5. Unlawful possession of ammunition.
Pursuant to his said conviction Applicant was sentenced to an effective 18 years imprisonment, which sentence he is presently serving.
Applicant testified in support of the application. No other witnesses were called to testify. Mr Solomon Maduna the father of the victim in respect of the murder count, the late Doctor John Maduna, attended the hearing. His interests were represented by the leader of evidence, Ms Mtanga, who indicated that Mr Maduna does not oppose the application. Mr Anthony Hadebe, the victim in respect of the count of attempted murder, had passed away earlier this year from an unrelated cause.
According to the evidence of Applicant he was a member of the African National Congress ("ANC") as well as the Self-Defence Unit ("SDU") in Motsoaledi informal settlement during 1994. His membership of both structures was duly confirmed by the Truth and Reconciliation Desk of the ANC in a letter dated 25 March 1999 which forms part of the record of the application. Applicant was an ordinary member of the ANC which he joined in order to fight for his country and to resist attacks by the Inkatha Freedom Party ("IFP"). In the SDU he operated under the command of Xolile Hlomendini who was referred to as the chairman of Motsoaledi. Part of Applicant's duties as a SDU member was to protect the Motsoaledi community from IFP attacks. At all material times the residents of Motsoaledi, which was an ANC stronghold, were engaged in a violent political conflict with members or supporters of the IFP.
On the morning of the incident the IFP held a protest march in downtown Johannesburg which resulted in a violent confrontation between marchers and ANC members at Shell House which was the ANC national headquarters. This incident was widely publicized. Applicant and other SDU members were patrolling their residential area, guarding against possible IFP attacks. During the course of the evening the chairman, Mr Hlomendini, informed the SDU members that a Kombi had dropped off participants in the IFP march at a certain shack in Motsoaledi. They proceeded to the shack to investigate the matter. Applicant was armed with a 9mm Parabellum pistol and he also had a torch. At that stage it was already dark. Applicant kicked open the door of the shack after there was no response to their order that the door should be opened. The two male occupants of the shacks were awakened unceremoniously and asked to identify themselves as well as the owner of the shack. They were both unknown to Applicant who also did not know who the owner of the shack was. There was no furniture inside the shack which appeared to be newly erected. The two persons confirmed that they had returned from the IFP march, but alleged that they were abducted by the marchers. Applicant enquired from them why the marchers had not killed them if that was the case. A decision was then taken by Applicant's group that the men should be killed. Applicant volunteered to shoot the men inside the shack but was stopped by Mr Hlomendini who indicated that he would obtain a vehicle to transport the men to a secluded spot where they could be killed. The men were then transported to a spot near the Bona High School in Orlando East where the one was shot and killed and the other wounded by Applicant. The latter victim managed to escape. Applicant acquired the firearm which he used in the attack from the SDU arsenal which he had the responsibility of storing. Applicant was subsequently arrested at which stage it transpired that the deceased was Doctor John Maduna and the survivor, Anthony Hadebe.
Applicant indicated that he had no personal motive for attacking the victims and did not act for personal gain. He did not know the identities of the victims and acted against them solely because they were IFP members or supporters. Such attacks were common and constituted an integral part of the political conflict between the ANC and IFP at the time. His actions were accordingly politically motivated.
Having carefully considered the matter, we are satisfied that the attack upon the relevant victims constitutes an act associated with a political objective as envisgaged in the Act. It clearly resulted from the violent political conflict between the ANC and IFP which prevailed at the time. Applicant acted bona fide in furtherance of his duties as a member of the SDU and under the orders of his commander, Mr Hlomendini. We are, moreover, satisfied that Applicant has made a full disclosure of all material facts and that the application complies with all of the requirements of the Act.
In the circumstances amnesty is hereby GRANTED to Applicant in respect of all of the offences set out above.
In our opinion the children of the late Doctor John Maduna are victims in relation to his murder and they are accordingly referred for consideration in terms of the provisions of Section 22 of the Act.
DATED at JOHANNESBURG this
: day of NOVEMBER 1999.
Judge D. POTGIETER
Mr J.B. SIBANYONI
Mr I. LAX
PANEL: Potgieter, J.; Mr J.B. Sibanyoni; Mr I. Lax
EVIDENCE LEADER: Ms L. Mtanga
DATE & VENUE: 10 November 1999
Jiss Centre, JOHANNESBURG
LEGAL REP. FOR APPLICANT: GOLDIE TANZER ATTORNEYS
1 Long Avenue
Glenhazel
JOHANNESBURG
Tel.: (011) 7867861
Fax : 7867677
Cell No.: 082411602
VICTIM: Doctor John Maduna (deceased)
n.o.k. : Solomon Maduna (father)
3 children of deceased (details unknown)
1278, Zone 1
PIMVILLE
