DECISION
This applicant also applied for amnesty relating to an incident which occurred near Krugersdorp on or about 15 February 1982. This incident was heard by another panel of the amnesty Committee at a hearing in Johannesburg on 3 - 7 May 1999.
This decision only deals with incidents before 1982.
The applicant testified that he left the RSA in 1976 and joined the ANC in exile. He received training in Botswana, Tanzania and East Germany and was then deployed in Botswana where he was arrested for illegal possession of firearms and sentenced to 3 years imprisonment. He was released after 6 months and was thereafter based in Lusaka from 1979 onwards up to 1982. He left the ANC towards the end of 1982 and handed himself over to the South African Police whereafter he became an Askari.
He testified that while he was based in Lusaka, he served as a member of the Operational Unit (or department) under Joe Modise and Keith Mokoape together with one Charles. He didn't know the real name of Charles. It was put to him in cross examination that he never served with Joe Modise and Keith Mokoape in any Operational Unit. He, however, persisted that they were in the same unit and that they were his superiors who gave orders to him.
He further testified that during the late seventies or early eighties the ANC was infiltrated by members of the security forces. This led to security measures by the ANC which involved arrests and interrogation of many cadres suspected of being informers. Some of those found guilty were executed.
According to the applicant he received instructions from Mokoape to inform Simelane and Simon, who were at the time commanders at the F.C. Camp, to kill a cadre known as Shorty. He conveyed the order to them. He wasn't present at the killing but was aware that they took Shorty into the bush near F.C. Camp. On their return they reported that they had shot him. He personally knew Shorty and knew that he had been stationed in Zimbabwe since 1980.
The family of a person who was known as Shorty and who was found dead in Botswana during 1986 were represented at the hearing. It is, however, clear from the evidence that the latter Shorty was never stationed in Zimbabwe and he died in 1986. This person's real name was Tuku Thembisile.
At the conclusion of the hearing the Committee requested the Evidence Leader to have the matter further investigated. If the person referred to as Shorty was not killed at or near the F.C. Camp in 1981 but was indeed killed in 1986 in Botswana it would cast doubt as to the identity of the person killed in Zambia and may even reflect on the applicant's credibility.
After investigation a statement was received from Mr Surgeon Siguqu of Port Elizabeth. He stated that his brother, Mr. Tamsanqa Shooter Siguqu, left the country together with Mr Nceba Faku to obtain military training. Mr Faku confirmed that he last saw Mr Siguqu alive in exile but no date or place was given and he could not say if and how he was killed. Mr Siguqu suggested that his brother was the person referred to by the applicant as Shorty, a Xhosa speaking person from the Eastern Cape who was killed near the F.C. Camp in Zambia. The Committee is not satisfied that Shorty and Shooter is the same person and cannot make a finding in this regard.
The applicant testified that he acted in accordance with the orders he received and although he had subjective reservation, he associated himself with and accepted the fact that Shorty had to be killed.
The applicant further applies for amnesty in respect of assault on a number of people, during interrogations. He took an active part in some of the assaults by pinning the victim to the ground while he was being hit and in other cases he was a bystander who associated him with the assaults. He took part in the assaults on Disco, Ace and Wellington. He assisted in arresting Dadla, was present and associated himself with assaults on Dumisang, Oskosh and Moyse Diyan.
He further testified that he became disillusioned with the ANC and deserted them. It is common cause that he became an Askari.
Having considered the evidence given and taking into account the background and the situation as it existed during the period 1979 to 1981 and the absence of any evidence under oath contradicting the applicant's version the committee reached the following decision.
1. Amnesty is GRANTED to the applicant in respect of the murder of a person known as Shorty near the FC Camp at Lusaka in Zambia during 1981.
2. Amnesty is GRANTED to the applicant in respect of being an accessory to assaults on persons known as Disco, Ace, Wellington, Oskosh, Dadla, Dumisang and Moyse Diyan, committed in or near Lusaka during 1979 - 1982.
SIGNED AT CAPE TOWN ON THE OF 2000.
: JUDGE A WILSON
: ACTING JUDGE C DE JAGER
: MR J B SIBANYONI
