DECISION
INTRODUCTION
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"). The applications, which are unopposed, relate to the activities of the Basil February Unit of Umkhonto weSizwe ("MK"), the military wing of the African National Congress ("ANC"). Both Applicants, who were attached to this MK unit, as well as the regional East Rand MK commander Ernest Sigasa testified in support of the application. No other evidence was presented at the hearing.
Before dealing with the merits of the matter, it is necessary to consider an application for an amendment made on behalf of the second Applicant, Mr Tlatsi. In the course of the testimony of Mr Tlatsi, it became apparent that his application form only deals with one incident, namely the bombing of KwaThema Administration Offices in which he was personally involved. He was not involved in any of the other incidents which form the subject matter of the application of first Applicant, Mr Mazibuko, although all these operations were planned and executed by the MK unit.
Mr Kopedi, who appeared on behalf of the Applicants, applied for the amendment of the application of Mr Tlatsi to include the other incidents referred to in the application of Mr Mazibuko. Mr Kopedi conceded that there is no reference at all in the application form of Mr Tlatsi to any of the other incidents in question. It is, moreover, impossible to read such a reference into any of the other documentation which forms part of the record before us.
In the circumstances, it would be incompetent for us to allow an amendment which will effectively introduce new incidents into the application after the expire of the cut-off date for submitting amnesty applications in terms of the Act. The application for amendment is accordingly refused and the application of Mr Tlatsi will be considered only in respect of the incident which is dealt with in the application form.
The relevant facts relating to the applications are uncontested and will be summarised briefly. Mr Mazibuko was the commander of the Basil February MK Unit and Mr Tlatsi its Commissar. The unit was formed by the Johannes Nkosi MK Unit under the command of Mr Sigasa. Mr Sigasa was also the MK regional commander in the East Rand. Both Applicants were given military training inside South Africa and were subject to the command structure headed by Mr Sigasa. Applicants and their unit were given a broad mandate, in accordance with the policy of MK, to attack appropriate targets representing the political enemy at the time. The activities of the unit had to be reported by Mr Mazibuko, as commander, to the East Rand regional command, under the leadership of Mr Sigasa. All of the targets attacked during the incidents forming the subject matter of the applications fell within the broad mandate and policy of MK. All of the incidents were duly reported to the regional MK command who accepted the operations as authorized.
It is now necessary to specify the various incidents which form the subject matter of the applications.
ATTACK ON POLICE VEHICLE AT DUDUZA STADIUM
This operation was executed by Mazibuko on 11 June 1989. After the unit planned the attack, he reconnoitered the stadium for two weekends. A soccer team made up of members of the South African Police came to play matches at the stadium every weekend. A decision was taken to attack the members of the police by attaching a limpet mine to the vehicle being used to transport them to and from the stadium. On the day in question, Mazibuko proceeded to the stadium with the limpet mine and eventually attached it to the police vehicle towards the end of the soccer match. The limpet mine was primed to detonate at a time when the vehicle had left the stadium and was on its way to deliver the police officers to their destination.
As a result of delays in the departure of the police, the limpet mine eventually detonated while the vehicle was still parked at the stadium. The vehicle was damaged and some members of the public slightly injured in the explosion.
ATTACK AT THE DUDUZA ADMINISTRATION OFFICES
This operation was also executed by Mazibuko personally on 22 May 1989. He placed a mini limpet mine at a drain on the premises of the Duduza Administration Offices. The objective was to cause damage to the buildings in question. The mine was, however, discovered by the police and defused.
ATTACK AT KWATHEMA POLICE STATION
This attack was carried out by Mazibuko at approximately 2.00 a.m. on 22 June 1989. He attached a mini limpet mine to the building which was later damaged when the mine exploded.
ATTACK AT DUNNOTTAR POST OFFICE
This attack was carried out by Mazibuko during October 1988. Certain elections were being held at the time and the intention was to disrupt these elections. The area was kept under surveillance until it was clear that there was nothing that could interfere with the attack. The initial plan was to place a super limpet mine in the toilets forming part of the complex. After Mazibuko proceeded to the toilets he noticed the presence of members of the security police in the vicinity of the toilets. He became apprehensive and decided to find another place inside the building to place the mine. He decided upon a dustbin that was close to one of the walls of the building and placed the limpet mine inside the dustbin. The mine eventually exploded causing damage to the building.
ATTACK AT BRAKPAN HOME AFFAIRS OFFICES
In this incident, Mazibuko placed a limpet mine against the wall of the Home Affairs offices on a Sunday during December 1988. The mine detonated causing damage to the building.
ATTACK AT TSAKANE POLICE BARRACKS
The complex in question which accommodated South African Police as well as Municipal Police personnel was attacked during 1988. After the movements of the security personnel was surveilled, Mazibuko placed a super limpet mine against the wall of one of the houses occupied by the security personnel. On his way out of the complex, he was spotted and fired at by members of the security forces. Mazibuko managed to escape and subsequently learnt that the mine was discovered and defused.
ATTACK AT KWATHEMA ADMINISTRATION OFFICES
This attack was actually carried out by Tlatsi on 20 October 1988 and it forms the subject matter of his amnesty application. The administration offices in question were utilised as a voting station for certain local government elections which were taking place at the time. Applicants’ unit decided to attack the complex in order to demonstrate opposition to these elections. Tlatsi was ordered by Mazibuko to take charge of the operation. On the day in question, Mazibuko had to write examinations in KwaThema, but visited the vicinity of the offices on his way to the examination venue, in order to ascertain whether the attack was successfully executed.
Tlatsi executed the attack by placing a limpet mine in the toilets of the building. The limpet mine eventually detonated causing damage to the building.
ATTACK AT NIGEL POST OFFICE
This attack was carried out by Mazibuko on 14 April 1989. He placed a limpet mine in a manhole under the building. The limpet mine eventually detonated damaging the building.
Pursuant to some of these incidents, Applicants were charged together with a number of other persons on various counts of terrorism. The criminal trial commenced in the Pretoria Regional Court but was never concluded due to the fact that Applicants and their co-accused were granted indemnity during 1991.
CONCLUSION
Having carefully considered the matter, we are satisfied that all of the incidents in question constitute acts associated with a political objective as envisaged in the Act. We are satisfied that the incidents fell within the mandate and orders of Applicants’ MK unit and within the policy of the ANC and MK. We are, moreover, satisfied that the Applicants have made a full disclosure of all relevant facts. In the circumstances all of the requirements of the Act have been complied with.
Amnesty is accordingly
GRANTED: to the Applicants for the offence of Terrorism, or any competent verdict, encompassed by the following incidents
1. JOHANNES VELI MAZIBUKO
1.1 Attack on police vehicle at Duduza Stadium on 11 June 1989;
1.2 Attack at the Duduza Administration Offices on 22 May 1989;
1.3 Attack at KWATHEma Police Station on 22 June 1989;
1.4 Attack at Dunnottar Post Office during October 1988;
1.5 Attack at Brakpan Home Affairs Offices during December 1988;
1.6 Attack at Tsakane Police Barracks during 1988;
1.7 Attack at KWATHEma Administration Offices on 20 October 1988;
1.8 Attack at Nigel Post Office on 14 April 1989.
2. TEBOHO BENNY TLATSI
Attack at KwaThema Administration Offices on 20 October 1988.
In our opinion, the persons injured in the incidents for which amnesty is hereby granted, are victims and are accordingly referred for consideration in terms of Section 22 of the Act.
DATED AT CAPE TOWN THIS __________ DAY OF _______________ 2000.
___________________
D. POTGIETER, A.J.
___________________
C. DE JAGER, A.J.
___________________
ADV. L. GCABASHE
