DECISION
The applicant applied for amnesty in respect of any offence and/or delict flowing from, and directly linked to, the arrest detention and prosecution of Mzwake Mbuli and his wife Mrs Nomsa Mbuli in connection with so called illegal possession of firearms and/or explosives at 4437 Pimville on the 17 March 1989.
The applicant testified that he was instructed by Major Abraham Grobbelaar to plant handgrenades in the room where Mr Mzwakhe Mbuli stayed. The order was given to him as well as Captain du Toit and Warrant officer van Tonder. About ten members of the security police were involved in the operation to search the house of the Mbuli's for illegal weapons. They were under the command of captain du Toit.
According to the applicant two handgrenades were planted in a cupboard in the bedroom while the so-called search was in progress. He can not remember whether he in fact planted one of them. After the grenades were planted, they were discovered by one of the other members of the task force and the occupants of the bedroom, Mr and Mrs Mbuli, were then arrested and later prosecuted. After a long ordeal they were found not guilty and discharged.
The applicant is the only member of the security police involved asking for amnesty. Warrant officer van Tonder is deceased and Grobbelaar and du Toit filed affidavits denying any involvement in the incident.
Mr Mbuli and his daughter attended the hearing. Their daughter was only seven years old at the time of the incident and was present in the house. On the arrest of her parents she was taken to neighbours who cared for her during her parents' absence.
Mr Mbuli is a renowned pet, musician and singer. He was actively supporting the liberation movements at the time. This led to his detention on several occasions under the security lands. He was described as a thorn in the flesh of the security police. The political objective, according to the applicant was to remove him from the society in order to neutralised his political influence.
Mr Mbuli regretted the fact that the applicant was the only perpetration coming forward to testify about the injustice perpetrated against him. He, however, did not oppose the application.
Having heard the evidence and studied the documentation made available the committee is satisfied that the requirements of Act 34 of 1995 for the granting of amnesty have been met.
Accordingly amnesty is GRANTED to the applicant in respect of any offence or delict.
The committee is of opinion that Mr Mzwakhe Mbuli, his wife Mrs Nomsa Mbuli and their daughter should be considered to be victims in terms of act 34 of 1995. A recommendation in terms of section 22 of the aforesaid act is made.
SIGNED ON THE
: DAY OF
: 2000.
JUDGE S MILLER
JUDGE C. DE JAGER
ADV. S. SIGODI
