DECISION
The Applicant, a former commander of Umkhonto weSizwe, applies for amnesty in respect of a shoot-out at or near Springs in 1987 between him and his comrades on the one side and the police on the other. He also applies for amnesty for a hand grenade attack on the house of a policeman in White City, KwaThema on the same day. An unknown bystander was killed during the first incident and a policeman, a certain Inspector Ludick, and his father, a civilian, were wounded.
The policeman mentioned in the second incident, one Sealogo has since passed away but his next-of-kin and son Mr Abel Sealogo were notified but were unable to attend the hearing. The application was not opposed by the victims. The comrades of the Applicant who participated in the first incident also attended the hearing. They had previously been arrested and convicted for offences flowing from the first incident but had been granted indemnity in terms of relevant legislation. The Applicant was never arrested or charged for any of the incidents and came forward out of his own free will.
The Applicant testified extensively and gave a full overview of his training as an MK soldier in Angola. He returned to South Africa in 1987 on the instruction of his Commander, Simon Nkuna, to establish underground structures in the country.
On the night of the incident he and his comrades one "Wizz" Rantla and Mosa Nkuta were on a reconnaissance mission in a stolen vehicle. The police suspected the car to be a stolen vehicle and tried to stop them. They drove off and managed to get away and got out of the car at White City. The police shot at the rear window of their car and they returned fire after they got out. The wounded people were taken away. Applicant proceeded to the house of Mr Sealogo with a hand grenade which he threw into an empty room to avoid hurting elderly people who were in the house. His objective was to send a powerful political message to the police and apartheid government in doing so.
Within the context of the political struggle of the past, the Applicant at all material times clearly acted with a political objective and within the scope of his orders. The Committee is further satisfied that he has complied with all the formal requirements for amnesty in terms of section 20(1)(a) of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 and that he has made a full disclosure of all relevant facts.
Accordingly amnesty is GRANTED to PAUL RAMOSETHLA RAMMUSI:
1. for all offences and delicts flowing from or directly associated with a shoot-out with the police at or near Springs during 1987;
2. for all offences and delicts flowing from or directly associated with a hand grenade attack on the house of a policeman, one Sealogo in or near KwaThema, Springs sometime during 1987.
The following persons are referred to the Committee on Reparation and Rehabilitation in terms of section 22 of the Act for consideration as victims:
1. Mr Samuel Ludick (father), P.O. Box 13234, Riverfield, Springs;
2. Mr Samuel Ludick (son), P.O. Box 13234, Riverfield, Springs;
3. Mr Abel Sealogo, SAPS, North Rand, Kempton Park.
DATED AT CAPE TOWN THIS
: DAY OF
: 2000.
JUDGE DENZIL POTGIETER
ADV. FRANCIS BOSMAN
ADV. NTSIKI SANDI
