DECISION
Applicant was during the period preceding the general elections of April 27, 1994 a commander of a SDU in Mavimbela. There was ongoing fighting between the IFP and ANC with IFP strongholds in the hostels and ANC in the townships.
Applicant had earlier in the late eighties been trained in the use of weaponry, including the use of rocket launchers, in Mozambique at the military camp, Amatola. Although Amatola was a camp for MK trainees, Applicant was never a member of MK and his training took place over a number of visits there from 1986 to 1989 each visit being for about periods of between one and two months. He was usually with one Mancani, who was a full member of MK.
Probably in the beginning of 1994, Applicant and other comrades arranged with one Vincent, an arms dealer to buy two Bazooka rocket launchers and 16 rockets. He threatened to sell them to the IFP should they not wish to buy same. They received the weapons, undertaking to pay at a later stage, which they never did.
The communities were supporters of the ANC in the areas adjoining especially Mshyazafe hostel and Buyafuti hostel in Tokoza. The Mshyazafe hostel fell within the area of a neighbouring SDU of which on Mgobese was commander. Together they decided that they would attack the hostel which they did on 23 April 1994, the Applicant firing two rockets into the hostel. They fled.
On the 24th April Applicant with some other members attacked the Buyafuti hostel which fell in the area of the SDU which Applicant commanded. On this occasion one of his members launched a rocket, but got injured. They then gathered the launcher and other rocket and fled.
After the elections Applicant had a discussion with Mr Robert McBride who then sent two policemen to collect the launchers and balance of the rockets from the Applicant.
The Committee could not independently corroborate any of the evidence and was informed by the Evidence Leader that the Truth and Reconciliation Commission investigation and research could not even confirm the incidents. The Committee was left with the evidence of a single witness, the Applicant.
On this evidence the Committee then finds that the Applicant committed the acts in the context of the conflicts of the past that the acts were carried out with a political objective as envisaged in the Act and that the Applicant made a full disclosure of all relevant fats, which would entitle him to amnesty.
The Applicant is therefore GRANTED amnesty for the attacks on the 23rd and 24th April 1994 on the Msboyazofe and Bhuyafuti hostels respectively, which attacks were carried out by the launching of rockets into the hostels, as well as for the illegal possession of two Bazooka rocket launchers and 26 rockets during 1994.
SIGNED AT CAPE TOWN THIS THE 5TH DAY OF APRIL 2001
JUDGE NJ MOTATA
A-J C DE JAGER
MR W MALAN
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