Decisions

DECISION

The applicant was a member of the African National Congress (ANC) and Umkhonto weSizwe (MK).  He applies for amnesty in respect of his participation in the following bombings and subsequent explosions using SPM limpet mines:

1.    On 12 August 1988 at the Pinetown Post Office;

2.    On 15 August 1988 at a power station near Glenashley Shopping Centre, Durban North;

3.    On 26 August 1988 at the Westville Post Office;

4.    On 25 September 1988 at the Berea Railway Station, Durban;  and

5.    On 3 October 1988 at the Redhill Post Office, Durban North.

The applicant and three others, Vusi Mtshali, Mazwi Vilikazi, and Sibusiso Ndlovu, all now deceased, were members of a MK unit under the command of the late Phila Portia Ndwandwe.  The applicant was not present when the attack of 15 August 1988 occurred.  He was briefed about it at a later stage and associated himself with it.

The applicant testified that as far as possible, the limpet mines were timed to go off at times when there were unlikely to be people around so as to try and avoid or minimise casualties and loss of life.  He said that unfortunately a person was injured in the explosion at the Pinetown Post Office.

The applicant mentioned a further incident but confirmed that it was not within his group's mandate and consequently he was not applying for amnesty in respect thereof.

We are satisfied that the applicant was an active member of MK at the time and was carrying out instructions from his commander who supplied the limpet mines.  We are satisfied that these were acts committed by a member of a liberation movement, on the command of that movement, in furtherance of the political struggle then in progress.  We are also satisfied that the applicant has met all the other requirements of the Act.

Amnesty is accordingly GRANTED to Zamanye Elgien Ngema in respect of all acts, omissions or offences committed by him relating to his participation in the bombing and subsequent explosions referred to in 1 to 5 above.

We are only aware of one possible victim.  Accordingly, the committee is of the opinion that the person injured in the explosion on 12 August 1988 at the Pinetown Post Office is a victim and s/he is referred to the Committee on Reparation and Rehabilitation in terms of Section 22(2) for its consideration in terms of Section 26 of Act 34 of 1995.

SIGNED AT CAPE TOWN ON THIS         DAY OF         2001.

JUDGE A B M WILSON

MR J B SIBANYONI

MR I LAX

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