: DECISION
The applicant a former Commander in the Umkhonto weSizwe (MK) applies for amnesty in respect of the killing of Sergeant Nicholas Johannes Els on 7 July 1990 at Nyanga, Cape Town as well as the attempted murder of two other policemen George Beeslaer and Gavid David Moyes. Sergeant Els, a member of the then South African Police (SAP) died in a shoot-out between the applicant and his companions and the police. Beeslaer and Moyes were injured. Applicant was arrested and charged with robbery, murder, attempted murder and possession of unlicensed firearms and ammunition and explosives, but all these charges were later withdrawn. Although only the murder and attempted murders were mentioned in the amnesty application form supplied by the applicant, he indicated at the hearing that amnesty is also sought for the possession of an unlicensed firearm and ammunition and explosives. The applicant does not apply for amnesty in respect of the robbery for which hew as also charged and he denies any knowledge of this offence.
The application proceeded on unopposed basis since the next of kin of the deceased, Sgt Els, could not be traced and one other victim did not wish to participate in the proceedings. The applicant was the only person to testify at the hearing.
The applicant gave testimony of his involvement in the underground structures of MK since 1979, his subsequent detention in South Africa, his later training in Angola and his connections with the late Chris Hani. After his return to South Africa all underground units of MK assembled to meet with Hani. He, as the Unit Commander, and his unit members, Lincoln, Wiseman and Mabuja (all three since deceased) were sent on a mission to counteract certain askaris. He was ordered to join the three unit members in their car which later transpired to have been hijacked earlier that evening. They were all armed with firearms, ammunition and two hand grenades. Their information was that the askaris were in Graceland in Guguletu, but on their arrival there they found the house closed. From there they proceeded along Landsdowne Road and across Ems Drive. They noticed a police van which was parked with its lights off. When they reached a T-junction the persons in the van switched on its lights and followed them. He told the driver, Wiseman, to turn left and decrease his speed. The police van continued to follow them. They turned again and the van switched off all its lights. They started to panic and applicant ordered his unit members to "be combat ready". When they turned left into Ems Drive, the van overtook them and indicated they should pull off the road. A policeman jumped out of the van carrying a pistol and a second one followed carrying a sub machine gun. When applicant saw this, he concluded that they were being ambushed by askaris and he decided to shoot. The following day he established that Sergeant Els had died. The late Chris Hani delivered an address the next day and stated that some askaris and Police Force members were continuing to seek out and assassinate MK members and "he congratulated the Commander who managed to bring all his unit members back". The applicant further testified that the skirmish with the police sent a clear message to the then government that MK was in the country and put the ANC in a stronger position during the political negotiations. The applicant testified that askaris were used to destabilise the political negotiations and were operating under the command of white policemen.
No evidence was presented to gainsay that of the applicant and in the circumstances the Committee is satisfied that the applicant complied with all the requirements for amnesty as provided for in the Promotion of National Unity and Reconciliation Act, 1995.
Accordingly amnesty is GRANTED to Fumanekile Booi (ID No 601115 5876 080) for:-
1. The killing of Sergeant Nicholas Johannes Els in Nyanga in die district of Mitchells Plain on the night of 5/6th July 1990;
2. The attempted killing of George Beeslaer and Gavin David Moyes at the same time and same place as mentioned above;
3. The unlawful possession of a Makarov pistol and 38 rounds of ammunition on the same date and at the same place as mentioned above under paragraph 1;
4. The unlawful possession of a handgrenade on the same date and at the same place as mentioned under paragraph 1.
The next of kin of Johannes Els and the two surviving victims are referred to the Reparation and Rehabilitation Committee for consideration.
Signed at Cape Town on this the 22nd day of November 1999.
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JUDGE R. PILLAY
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ADV F. BOSMAN S.C.
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ADV. S. SIGODI
ADDENDUM
HEARING: The killing of Sgt Johannes Els
VENUE: Cape Town
DATE: 18 - 29 October 1999
PANEL: Judge D. Potgieter;
Adv F. Bosman &
Adv S. Sigodi
EVIDENCE LEADER: Ms R. Patel
LEGAL REP. FOR APPLICANT
Papier Charles Inc.
Wale Street Chambers
10th Floor
33 Church Street
CAPE TOWN
TEL: . : (021) 426 0991
CELL: . : 082 453 2201
