: DECISION
The Applicant makes application in terms of Act 34 of 1995 as amended ("the Act") in respect of two counts of Arson, two counts of Murder and one count of Malicious injury to property.
The Applicant was a resident of SADA, a suburb in the vicinity of Whittlesea which is located somewhere in Central Eastern Cape. During his earlier schooling, he involved himself in youth politics. The school he last attended at the time was administered under the then Ciskeien Government. His political activities began in school where he became part of a movement to address problems which arose because of oppressive laws which stifled normal schooling and life in general. He was fourteen years old at the time. Because of his activities, he became a target of the Security Police and therefore left school.
Outside school activities, the political situation was even worse and affected him immensely. This was even more intolerable because opposition parties were not welcome in the area by the ruling party and government.
As a result SADA Youth Congress and the SADA Residents Association were formed. The Applicant became a member of both. The two organisations held regular meetings which the Applicant attended. It seems that strategies to oppose the government and its apartheid mechanisms were discussed at such meetings. During the course of these political activities and with the development of strategies, members of these organisations were gradually being arrested and detained. It was not unlike what was occurring in the rest of South Africa at the time. It was obvious to the membership of these organisations, which existed separately but co-ordinated much of their strategies, that their leadership was being arrested as a result of information given to the Security Forces by informers within the organisations.
This led to the strategies being further developed and lessons from other parts of the country being learnt.
During 1985 and 1986, at the height of the activities relevant to this application, these organisations became close to the United Democratic Front, the only unbanned organisation opposed to apartheid. The resolve of opposing undemocratic conduct on the part of the government increased.
With this, the strategy of attacking government institutions and dealing with police informers took root.
On 12th September 1985, the memory of Steve Biko was celebrated by these organisations at a meeting. The issue of the declining membership of the organisations was discussed and as a result, people decided to attack government institutions. The Applicant was part of a group of persons who armed themselves with inflammables and proceeded to the local rent offices. They attacked these offices and burnt it to the ground.
Sometime prior to 24th april 1986, the community believed that one Nomboniso Cakwe was informing on the organisations. A group of members including the Applicant approached her to warn her to desist from doing so. It was also decided shortly thereafter that if she did not adhere thereto, she would be dealt with "once and for all". The Applicant understood this to mean that she would be killed. It was the view of the membership thereafter of these organisations that Nomboniso did not. The mood of the membership thereafter was that the local township should be cleaned up of these informers. It was decided that some of these people who in one way or another associated with the apartheid forces should be targeted. Some of them were going to be killed. Specifically Nomboniso and Mr Paka.
Mr Paka was a member of the senate of the Ciskeien Government. Hew as known not only to support the structure but to make inflammatory statements and be proactive towards and vilifying the opposing forces.
The Applicant was part of an offensive group of persons who attacked the home of Mr Mpetega who was a member of Parliament. His house was burnt with petrol bombs. Similarly the group went to the home of Mr DM Digane who was a minister in the government. His home was also attacked with petrol bombs by the Applicant and his colleagues. It also burnt.
More-or-less at the same time, others had gone to attack Nomboniso Cakwe and Mr Andrew Paka as referred to above. They were both killed in terms of the decision to do so and in which decision the Applicant participated and associated with.
The Act requires that the Applicant satisfies the Committee that all the formalities of the Act have been complied with and that the crimes for which amnesty is sought were committed with a political motivation and that he has made full disclosure in regard to the commission thereof.
The Committee is satisfied that the Applicant complied with all the requirements of the Act and that amnesty is GRANTED to him in respect of:
a) Arson with regard to the SADA Rent Offices;
b) Arson with regard to the home of Mr DM Digane;
c) Malicious injury to property with regard to the home of Mr Mpetega;
d) Murder with regard to the killing of Nomboniso Cakwe;
e) Murder with regard to the killing of Andrew Paka.
Mrs Paka, the wife of the late Mr Andrew Paka is in our opinion a victim as defined by the Act and is referred to the Committee dealing with Reparations and Rehabilitation.
SIGNED AT CAPE TOWN THIS THE 26TH DAY OF FEBRUARY 2001
JUDGE R PILLAY
ACTING JUDGE D POTGIETER
MR JB SIBANYONI
