DECISION
This is an application for amnesty for the attempted murder of the occupants and arson on the house of Elizabeth Makwana at Tshehlwaneng Village in 1986. At the time of the incident the applicant and his co-perpetrator, Jack, who has since deceased were both supporters of the African National Congress (ANC). The evidence by the applicant, who was the only witness to testify in support of his application, can be summarised as follows:-
At a meeting of members of the Congress of South African Students (COSAS) and South African Youth Congress (SAYCO), it was reported that one Lerhata Thomas Phola, a local school head master, was suspected of being an informer. No specific allegations of what exactly Phola had done were made, but it was generally felt that he was against the ANC liberation movement. It was then decided, at the same meeting, that he should be threatened so that he would desist from acting as an informer. His house was to be petrol-bombed, but there was to be no loss of life. The applicant and jack were elected at the meeting as activists who were going to carry out the operation. It should be mentioned that COSAS and SAYCO were ANC affiliated bodies, and generally participated in the struggle against the previous government.
In the evening of the day in question, both the applicant and Jack proceeded to the intended target where they threw a number of petrol-bombs. The operation was a blunder, in that a wrong target was hit, and that was the house belonging to Elizabeth Makwana. Although there were people inside, no one was injured in the attack, but extensive damage as caused to the property. After the operation, the applicant and Jack went in different directions. They had never been arrested for the act. Phola testified and confirmed that there were widespread rumours and allegations that he was a police informer, but he has never been called and given a chance to refute the allegations. He denies that he was an informer and adds that there were many acts of intimidation against members and pupils of his school, which at some stage was forced to close. We do not deem it necessary to deal with all his evidence but significantly, he says his school received financial assistance from the American Embassy whose "white officials" used to visit his school. It would appear that Phola was busy encouraging normal tuition and learning during the height of the political struggle and never explained to community and community-based organisations where he obtained his funding from. These organisations, it is well know, as part of their liberation campaign, disrupted normal tuition and mobilised the youth against the previous government. There can be no doubt that in the politically volatile situation of the time his actions were bound to cause suspicion on the part of those who encouraged mass mobilisation and saw schools as one of the important sites of the struggle. Objectively speaking, there is no shred of evidence that Phola was an informer, but the applicant and his comrades believed so. The existence of such belief has been corroborated by Masha.
In the circumstances, the applicant is entitled to amnesty. He has complied with the requirements of the Act. His acts were committed in the course of his struggle in furtherance of the aims of the ANC, namely to intimidate perceived informers. He has also given a full disclosure of the relevant facts. Amnesty is
accordingly GRANTED for attempted murder of whoever was in the said house at the time of the attack and for arson.
Both Lerhata Thomas Phola and Elizabeth Makwana are hereby referred to the Reparations and Rehabilitation Committee of the TRC for consideration as victims. It is recommended that they be declared as such.
Signed at Cape Town on this the 18th day of November 1999
.........................................
Acting Judge D. Potgieter S.C.
........................... ...................
Adv F. Bosman S.C. Adv N. Sandi
