DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act").
The applicant has applied for amnesty on four separate application forms in respect of a number of different sets of activities:
1. The smuggling of weapons and explosives into South Africa, giving these to three unit commanders and instructing them to use the arms to attack enemy personnel during the period 1988 to 1990, at Umhlazi and Claremont in the vicinity of Greater Durban.
2. The throwing of an F1 defensive grenade through the window of a house in Z section Umhlazi, in an attempt to kill one Nkanyiso Malinga and two other members of the KwaZulu Police ("KZP") on 11 June 1990.
3. The ordering of two explosives both on 7 October 1988 at two branches of CNA, the one at 320 West Street, Durban and the other at 14 Pine City, Hill Street, Pinetown.
4. The recruiting of people for military training by the African National Congress ("ANC"), both in and outside of South Africa during the period 1986 to 1990.
The last of these applications was withdrawn at the commencement of the hearing because it no longer constitutes an offence.
Kunene testified and confirmed that he joined the ANC in 1984. Initially he had been more involved in the political arena. He had been recruited into Umkhonto weSizwe ("MK") the military wing of the ANC during 1986 and was trained internally. He was arrested and detained for a year during 1987 and 1988. Thereafter he was released and he went to Swaziland where he received further training in 1988.
After his training was completed he returned to the country and made contact with three unit commanders:
1. "Themba" aka Fakazi from Umhlazi;
2. Thokalethe Sulimane Chamane also from Umhlazi (Mr. Chamane apparently died a few months prior to the hearing);
3. "Shawn" Dube from Claremont.
He then instructed them to carry out various operations. We have not heard the details of such operations and the applicant has not applied for amnesty for them. He then traveled regularly between South Africa and Swaziland on many occasions reporting back on their activities and smuggling mostly hand grenades and firearms into the country. He was unable to say how many trips he had made or give precise details as to the quantity of arms and explosives.
With regard to the second instance applied for, the applicant testified that Malinga was an accomplice of Siphiwe Mvuyane who was also a member of the KZP and who was involved in acts of violence against the community. He said he had been requested by members of the Umhlazi community to eliminate Malinga who had become a problem. In the circumstances he regarded Malinga as a legitimate target. He kept him under surveillance and monitored his movements and associations. He then attacked him as set out above. Malinga was injured in the attack. He had been given notice as an interested party but declined to attend the hearing.
With regard to the bombings, the applicant testified that he had received instructions that he should ensure that there was activity during the 1988 Tricameral elections. He said that the majority of South Africans were opposed to the elections and he had hoped that by causing the explosions in the centres of Durban and Pinetown respectively the ANC would receive maximum propaganda effect from them and make such opposition known. The choice of CNA appears to have been purely coincidental and related to location as the applicant had no specific motive to attack that business.
He instructed Dube to bomb the Pinetown branch of CNA and Chamane to bomb the Durban branch. They were to place "low power" explosives in the stores, as late as possible prior to closing time, with a view to avoiding or at least minimising casualties. It appears that Dube and Chamane either disobeyed or were careless about their instructions as the devices exploded at approximately 12h30 and 15h05 on a Friday. Kunene accepted that this was not what he had told them to do.
Mr. Mike Blake a person who had been injured in the Pinetown blast attended the hearing. He submitted an article and was represented by the evidence leader. He accepted the applicant’s explanations and did not oppose the application.
It is clear to us that the applicant acted in his capacity as a member of MK. His actions as aforesaid were in line with the policies and guidelines of the ANC at the time. He appreciated that as a consequence of his actions, Malinga or innocent civilians might be killed or injured and property damaged. We are satisfied that he committed such acts during the course of the conflicts of the past and that such acts are acts associated with a political objective as required by the Act. We are also satisfied that he has made full disclosure all relevant facts.
In the result, we are satisfied that the applicant has complied with the requirements of the Act and he is GRANTED amnesty for all acts, omissions or offences flowing from the following instances:
1. The smuggling of firearms and handgrenades into South Africa and giving these to three unit commanders, viz., "Themba" aka Fakazi, Thokalethe Sulimane Chamane and "Shawn" Dube, during the period 1988 to 1990, at Umhlazi ad Claremont in the vicinity of Greater Durban.
2. The throwing of an F1 defensive grenade through the window of a house in Z section Umhlazi, in an attempt to kill one Nkanyiso Malinga and two other members of the KwaZulu Police ("KZP") on 11 June 1990.
3. The ordering of two explosions both on 7 October 1988 at two branches of CNA, the one at 320 West Street, Durban and the other at 14 Pine City, Hill Street, Pinetown.
The following persons who were injured are found to be victims and are accordingly referred to the Reparation and Rehabilitation Committee in terms of Section 22 (1) of the Act:
Mr. Nkanyiso Malinga
Mr. Mike Blake.
SIGNED AT CAPE TOWN ON THIS __________ DAY OF
____________ 2000.
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JUDGE A B M WILSON
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MR J B SIBANYONI
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MR I LAX
