: DECISION
The applicant applies for amnesty in respect of the following offences:-
1. The attempted murder of Mfundo Luke on 30 May 1987 at or near an electrical sub-station in Soweto;
2. The attempted murder of Justice Sikhweni on the same occasion.
3. On the same occasion the applicant robbed the above victims of two Winchester shotguns;
4. The illegal possession of firearms and ammunition on the said date and at the said place.
The applicant was convicted and sentenced to 12 years imprisonment for the attempted murder of Mr Mfundo Luke and on the charges relating to the illegal possession of firearms.
At the hearing evidence was also led about stolen cars and charges connected therewith. The applicant didn't mention any of these offences in his application and the Committee ruled that they could not at this late stage be included as part of the original application. In this regard he also gave evidence about training in Ndola and transporting weapons and cadres at the age of sixteen (16) without a driving license which the Committee finds highly improbable. These are, however, not relevant facts to the offence under consideration for amnesty and will not carry too much weight in considering the outcome of his application.
The applicant testified that the Municipality switched off the electricity supply to Orlando West where the applicant resided at the time. The reason was that the community at that stage embarked on a boycott and refused to pay electrical charges or rent. This boycott formed part of the political struggle.
The community leaders then decided that the electricity should be switched on and Mr Shabalala, one of the community leaders, ordered the applicant, Phineas Locate and Zephania Madonsela, a brother of the applicant, to go to the sub-station and reconnect the electricity. The municipality at that stage ordered two municipal policemen, Mr Luke and Mr Sikhweni, to guard the sub-station because there were previous attempts to tamper with the electricity supply. These guards were armed with the shotguns referred to in the charges mentioned at the trial.
The applicant and his companions armed themselves with pistols and the applicant, on approaching the sub-station ordered the guards to hand over their weapons and to lie down. One of the guards seemed to resist and the applicant fired a shot and wounded him. They thereafter disarmed the guards and after the second guard was shot at and wounded by Phineas Locate, grabbed the weapons and fled. They handed the weapons to Mr Shabalala and reported to him that they had to shoot the guards under the circumstances. He condoned the shooting. After the wounded guards left the scene the applicant went back to the sub-station and reconnected the electricity supply.
The Committee is satisfied that the offences were associated with a political objective and that the requirements of the Act were met. The offences were committed in the course of the conflicts of the past. The applicant acted on behalf of a publicly known political organisation. He testified that he was an Umkhonto weSizwe (MK) operative and a member of the African National Congress (ANC). The victims confirmed the circumstances surrounding the offences and this assisted the Committee in coming to the conclusion that a full disclosure of all relevant facts were made.
Amnesty is GRANTED in respect of the following offences:-
1. The attempted murder of Mfundo Luke on 30 May 1987 at or near an electrical sub-station in Soweto;
2. The attempted murder of Justice Sikhweni on the same occasion;
3. The robbery of two Winchester shotguns on 30 May 1987 at the sub-station in Soweto;
4. The illegal possession of firearms and ammunition on 30 May 1987 at Soweto.
The Committee in terms of Section 22 of Act 34 of 1995 is of the opinion that Mr Mavhungu Justice Sikhweni - ID No. 620202 7171 087 working at Morelea SAPS and Mr Mfundo Luke are victims in relation to the above offences and hereby refer the matter to the Committee on Reparation and Rehabilitation for consideration in terms of Section 26 of Act 34 of 1995.
Signed at Cape Town on this the 22nd day of November 1999.
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JUDGE S. MILLER C. DE JAGER (AJ)
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ADV S SIGODI
