DECISION
The Applicant makes application for amnesty in terms of the Promotion of National Unity and Reconciliation Act 34 of 1995 as amended (the Act) in respect of:
1. Indeterminate number of murders;
2. Indeterminate number of attempted murders;
3. Two counts of sabotage;
4. Four counts of attempted sabotage;
5. Contravention of the Explosives Act No 26 of 1956;
6. Contravention of the Arms and Ammunition Act No 75 of 1969.
The Applicant was a member of Umkhonto weSizwe (MK), the military wing of the African National Congress (ANC) which he joined in 1973. He left the country in 1976 and underwent military training while abroad. His training including the use of firearms, manufacture and use of explosives and in political thought. Once he was trained to the satisfaction of his leader, he was infiltrated back into South Africa in April 1980 with a colleague, who is now deceased. He was part of the Solomon Mahlangu Special Operations outfit. They had to purchase a motor vehicle to be used in special operations with the intention that operations would commence on the 1st June 1980. On the 25th May 1980, they collected other members of the unit at the border. All in the group numbered ten persons and they proceeded deeper into South Africa in order to effect economic sabotage on strategic installations.
Their first operation, s planned, was to blow up an installation which was then referred to as Secunda II. Two other targets were also identified. The other two were Sasolburg and Natref the respective petroleum and coal producing installations. In 1982, the group was divided into a sabotage unit and another into an artillery group. The Applicant chose the artillery group.
Applicant was only part of the planning of the attack on Secunda II in 1980. In any event this is an incident for which amnesty is not sought. The rest, including the Applicant, went towards the Sasolburg and Natref installations. The Applicant placed two limpet mines on the petrol tanks at Sasolburg on 31 May 1980. He bypassed the detecting mechanism by cutting through the wire fence. Three of them went to Sasolburg and three went to Natref. They thereafter went back to Soweto and then to Mozambique.
The Natref incident was foiled because that group was confronted by the security guards and the effort failed. Scorpio a unit member in the Natref group, shot Mr Robert Nthembuluseni who was a guard. He was injured.
For a period of approximately six moths in 1981, the Applicant ensured that arms and explosives under his control were infiltrated into South Africa.
In June 1983, the Applicant again infiltrated into South Africa in a group. There were four of them. The group made an attempt to damage Secunda II and III by means of a 122 missile rocket launcher. This ensued after a reconnoitring the area and careful planning. However the operation failed because the rocket veered away from the target. Five rockets were fired and all missed.
In June 1984, the operation in Secunda II and II was attempted again. Again the effort failed as the rockets veered away from the intended target. Again five rockets were fired.
During November 1985, a third attempt was made at firing rockets at Secunda II and III. Again the rockets missed because the rockets veered away from the intended target.
On retreat, the group was confronted and a shoot-out ensued with the South African Army. There were some casualties on both sides.
During May 1989 the Applicant was part of a group that launched a mortar attack on the Slurry Defence Force base near Ramatlabana. Extensive damage was caused to the building and an unknown number of injuries to personnel at the base. In any event injuries were foreseen but nonetheless all these operations were committed within the philosophy of MK activities. Consequently it is found that all were committed for political reasons.
The Committee is satisfied that the Applicant has made a full disclosure of the fats related to all the incidents.
Furthermore the Committee is satisfied that all the formalities of the Act, regarding the incidents for which amnesty is sought, have been complied with.
In the result, amnesty for delicts and offences is GRANTED to the Applicant in respect of the following incidents and circumstances.
1. (a) Sabotage of the Sasolburg petrol installations;
(b) To sabotage the Natref Coal installations;
(c) Contravention of the Explosive Act No 26 of 1956;
(d) Attempted murder of Mr Robert Nthembuluseni at Natref.
2. (a) Attempted murder during the attempts to blast Secunda I and II in June 1983, June 1984 and November 1985;
(b) Contravention of the Explosives Act No 26 of 1956 related to the attempt to blast Secunda II and III in June 1983, June 1984 and November 1985;
(c) The murder of an unknown number of members of the South African Defence Force in November 1985;
3. (a) Indeterminate number of attempted murders during the attack on the Defence Force base at Ramatlabana in May 1989;
(b) Contravention of the Explosives Act No 26 of 1956 in regard to the attack on the base at Ramatlabana in May 1989;
(c) Sabotage of the defence force base at Ramatlabana in May 1989.
4. Contravention of the Arms and Ammunition Act No 75 of 1969 and the Explosives Act No 26 of 1956 during the period 1980 to 1989.
SIGNED AT CAPE TOWN THIS THE 29TH DAY OF MARCH 2001
JUDGE R PILLAY
ADV F BOSMAN
MR JB SIBANYONI
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