DECISION
The Applicant makes application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995, as amended ("the Act"). The Applicant joined the African National Congress ("ANC") in 1978 and its military wing ("MK") in 1980-81. He was trained as a soldier in foreign countries and eventually became a commander of the erstwhile Transkei in 1986-87. Even thereafter he still held such responsibility while deployed outside South Africa.
The programme of the ANC was to confront apartheid. During such programmes, it embarked on armed offensives in order to deal with apartheid and its machinery. The details of the nature of MK activities against apartheid and its institutions have been well documented in various matters dealt with by the Commission. Suffice it to say that many of the activities involved sabotage. In pursuance of his duties as an MK commander, the applicant was involved in the commission of a number of criminal offences as a result of which many people were either killed or injured.
During 1986 the Applicant planned an attack on the Botha Sigcau building in Umtata. This was planned with Mazizi Maghekeza and Sicelo Mantyi both of whom were members of the unit commanded by the Applicant. Mantyi was employed at the building and this made planting a limpet mine in the building easier. This building was targeted because it is a state owned building from which some state departments operated. Immediately before this incident, King Sabata, a member of the ANC passed on. The government of the then Republic of Transkei were making unpleasant remarks in respect of Sabata and the ANC. As a result, it was decided to plant the limpet mine in the building. In terms of the plan, the mine was set to explode before eight in the morning because that was when most of the employees came to work. The rationale was that it would explode before this and therefore injuries and possible fatalities could be minimized. However, the building was damaged and one person, Mr Colbert Thamsanga Ndzobole was injured as a result whereof he died. The Applicant realised that people might be injured or killed and that damage would be caused.
The Committee is satisfied that this incident was committed within the political framework of the time and that the Applicant has complied with the requirements of the Act.
On the 29th July 1986, the Applicant participated in planning an attack on the police station situated at Madeira Street, Umtata.
This police station was regarded as the centre of apartheid repression in the Transkei area. It was the building in which arrested ANC members were tortured. In pursuance of the anti-apartheid programme, the attack on the police station was seen and designed to be an attack on a symbol of apartheid oppression.
The Applicant, as commander, participated in the planning of the attack and approved it. He provided firearms for the intended attack. He knew that people could be injured or killed and that damage to property would be caused.
In terms of the plan, Mbulelo Ngona, Solly Talakumeni and Simphiwe Mazwai, proceeded to the police station and attacked it by shooting and throwing handgrenades at it.
As a result, eight people were killed, five were injured and extensive damage was caused to the building of the police station itself.
The Committee is satisfied that the Applicant has made a full disclosure as to the facts related to this incident, that it was committed with a political motive and that all the formalities and requirements of the Act have been complied with.
During January 1987, the Applicant and two members of his unit, Mzizi Maqhekeza and Mbulelo Ngona, were hiding at the home of shop owner, Mr Max Jafta. Applicant and Maqhekeza had left Ngona there when they proceeded to another place. On their way back, they were informed that the home of Mr Jafta had been raided by the police.
The two of them then took steps to go to this house in order to rescue Ngona whom they thought had been arrested. They believed it was part of their political obligation to do so. However, on their way there on 22nd January 1987, they encountered the police near Dweza and a shoot-out ensued between them and the police. He accepts that policeman Ncedile Ephraim Kupe, was injured during the shoot-out.
The Committee is satisfied that this incident occurred within the political framework of the time and that the Applicant has complied with the requirements and formalities referred to in the Act.
During April 1986, the Applicant, in his capacity as Transkei MK commander, participated in the planning of an act of sabotage. The plan was that his colleagues would plant a bomb at the Mzamba Wild Coast Sun Hotel. The Hotel was regarded as a symbol of Apartheid and homeland corruption as some of the then Transkei government officials were reputed to have interests in it. The purpose of the bomb was to indicate that such casinos and hotels were unacceptable and to show white and other people that they would not be safe if they supported such apartheid institutions. The bomb was thus directed at this symbol.
The Applicant accepts that two people died as a result of the explosion which occurred on 18th April 1986 and that several people were also injured in the incident. The identities of these injured persons and the deceased are unknown to the Applicant. He also foresaw that the implementation of this plan could result in death, injury and damage to property.
The Committee is satisfied that the Applicant has complied with the requirements and the formalities of the Act in regard to this incident.
In the result the Applicant is GRANTED amnesty in respect of the following offences:
1. The attack on 29 July 1986 on the Madeira Street Police Station, Umtata
(a) Eight counts of murder related to the killing of
Mlibo Namba, Louis Bonisile Mama, Nkosiyezwe Zondi, Zamani Mveka, Daliwonga Notote Mhaya, Warrant Officer Ndabeni, Gladstone Mlungiseleli Mooi and Mxolisi Ngwaqa;
(b) Five counts of attempted murder related to the incidental attack on the persons of:
Prindile W. Fatman, Zwelidumile Abel Nxitywa, Fezile Majobela, Stembele Mvulana and Siphiwe Ndongeni;
(c) Malicious damage to the said police station.
(d) The unlawful possession of firearms and associated ammunition.
2. The shoot-out at Dweza on 22nd January 1986:
(a) One count of attempted murder in respect of Ncedile Ephraim Kupe;
(b) Unlawful possession of firearms and associated ammunition.
3. Attack during 1986 on the Botha Sigcau Building:
(a) One count of murder in respect of Colbert Thamsanga Ndzobole;
(b) One count of sabotage;
(c) Unlawful possession and the transportation of explosives in contravention of the law related to explosives.
4. Attack on 18th April 1986 on the Mzamba Wild Coast Sun Hotel:
(a) Two counts of murder in respect of two unidentified victims;
(b) An undetermined number of counts of attempted murder in respect of those injured during the resultant blast;
(c) One count of sabotage;
(d) Unlawful possession and transportation of explosives in contravention of the law relating to explosives.
5. The committee is of the opinion that the relatives and/or dependants of the persons referred to in paragraphs 1(a), 2(a), 3(a) and 4(a) as well as the persons mentioned in paragraph 1(b) and 4(b) are victims as contemplated in the Act and they are therefore referred to the Reparation and Rehabilitation Committee for consideration in terms of Section 22(1) of the Act.
DATED AT CAPE TOWN THIS
: DAY OF
: 2000.
R PILLAY, J
D POTGIETER A.J
MR I LAX
