DECISION
The Committee will initially deal with the applications of the 1st and 2nd applicants.
The two applicants apply for amnesty in respect of their involvement in the bomb explosions at Vanderbijl Square Bus Terminus and the Naledi Power Station during September 1987 at Johannesburg and Soweto respectively.
The first applicant testified that he was a member of the ANC and of the Special Operations Unit. He met the third applicant during 1987 in Soweto and discussed the activities of his unit with him. The third applicant was a senior commander but had his own operating unit.
The first applicant informed the third applicant of his plan to bomb Vanderbijl Square bus terminus in Johannesburg and Naledi Power Station in Soweto in such a way as to coincide with the run-up to the Municipal elections. The objective was to bring the struggle to the white areas in accordance with ANC policy and to sent a message to the white electorate. The first applicant stated that although he discussed the matter with the third applicant the final decision to carry out the operation rested with him. He instructed the second applicant to accompany him. They planted a limpet mine supplied by the third applicant, in a concrete bin at the bus stop. A time device was used which would delay the explosion for 30 minutes. It in fact exploded only two hours later. Nineteen people were injured and a number of motor cars and several buildings were damaged.
The two applicants, a few days later, caused another limpet mine to explode, damaging the Naledi Power Station in Soweto. Nobody was injured on this occasion and the objective was merely to damage State property. The limpet mine used was supplied by the third applicant.
The Committee is satisfied that the applicants have complied with Section 20(1) of the Act and that the offences for which amnesty is sought are acts associated with a political objective and were committed in the course of the conflicts of the past.
The third applicant testified that he filed more than one application with the TRC. It was in fact ascertained that he lodged two applications. The first one was received by the TRC on 10 May 1997 and the second one on 30 September 1997. The last date was the final date on which applications had to be filed. Both applications were registered under number 5310/97. In the first application the third applicant only applied for amnesty in respect of the "murder of a police informer". The name given was Sicelo Dlomo.
In his second application which was signed and attested on 7 May 1997 but only received 30 September 1997 after being faxed on that day by the ANC, he applied for amnesty in respect of:-
"Bombing of Ellis Park Stadium and Witbank Car Bomb also anything that might be brought against me, I might not remember. He further stated that he acted with "The approval of my immediate commander" and further stated that the commander's name was: Chris the address is not available".
The 2nd applicant signed and attested his application on 9 May 1997. Unfortunately it is not clear when the 3rd applicant signed his form. It was only attested to on 24 November 1999. Although the unattested form seem to have reached the TRC on 10 September 1997.
These dates are only significant in so far as the committee was informed that the first and second applicants discussed the incidents with the third applicant when they applied for amnesty.
The third applicant's applications in respect of the Ellis Park bomb and Witbank bomb were considered in separate hearings. The Committee has to decide whether an amendment at this hearing on 2 February 2000 can be allowed to make provision for the Vanderbijl Square and the Naledi bomb explosions bearing in mind that the final date for amnesty applications to be filed was 30 September 1997. A factor that is of importance is the fact that no particulars relating to these incidents even in the vaguest terms were mentioned. There is no amendment of existing particulars. Amnesty is sought in respect of two separate incidents that have not been referred to at all by the third applicant. He now seeks to introduce two offences by way of amendment long after 30 September 1997, that being the last for the submission of applications in terms of our founding Act. We therefore find that his application for an amendment brought on the 2 February 2000 is out of time and is accordingly refused.
There remains one aspect to be dealt with. The first applicant, Mr Mokati, has received indemnity under the previous acts - Act 35 of 1990, Act 124 of 1992 and/or Act 151 of 1992 which were repealed by Section 48(1) of Act 34 of 1995. Section 48(2) of Act 34 of 1995, the present act under which amnesty is granted, however states 48(2):
"Any indemnity granted under the provisions of the Indemnity Act, 1990, the Indemnity Amendment Act 1992 or the further Indemnity Act 1992, shall remain in force notwithstanding the repeal of those Acts". It is therefore doubtful whether there is still legally "any act or omission which constitutes an offence or delict" for which amnesty can be granted. The Committee did not have the opportunity to investigate whether the indemnity granted was in accordance with the Acts mentioned. The Committee, therefore, makes no ruling in that regard and although it might be ex abundant' ecutela, it has decided to GRANT amnesty to the first applicant.
Finally, it should be mentioned that Collet Debra Dawson who was injured in the Vanderbijl Square bomb blast gave evidence and shed light on the circumstances then prevailing.
The Committee recommends that the injured people listed in Annexure "A" hereto be referred for consideration as victims in terms of Section 22 of the Act.
In the result amnesty is GRANTED to Edward Tsehisi Mokati and Sipho Nicidemus Mtembu in respect of the office of High treason, and for contravening Section 54 of Act 74 of 1982 and contravening Section 28(1) of Act 26 of 1956 for being in unlawful possession of explosives, attempted murder and any other offence directly related to the bomb blasts at Vanderbijl Square Bus Terminus in Johannesburg and the Naledi Power Station in Soweto during September 1987.
The application for amendment of John Itumeleng Dube is REFUSED. His amnesty application in respect of the Vanderbijl Square bus terminus and Naledi Power Station is not considered as it does not comply with the requirements of the Act.
SIGNED AT CAPE TOWN ON THIS THE
: DAY OF
: 2000
SISI KHAMPEPE (AJ)
N J MOTATA (AJ)
CHRIS DE JAGER (AJ)
