DECISION
The Applicants applied for amnesty in respect of each of their roles in an armed attack on 28 November 1992 that took place at the King William's Town Golf Club resulting in the following offences:
1. The killing of:
1.1 David Davis;
1.2 Gill Davis;
1.3 Rhoda McDonald.
2. The attempted killing of:
2.1 Jan Booysen;
2.2 Grace Booysen;
2.3 Mike Claasens;
2.4 Ann Claasens;
2.5 Louise Corrans;
2.6 Basil Dickenson;
2.7 Margie Dickenson;
2.8 Errol Downing;
2.10 Moselle Hojem;
2.11 Andrew Hutcheson;
2.12 Marayana Hutcheson;
2.13 Elwin Lentz;
2.14 Gale Lentz;
2.15 Val Sheard;
2.16 Peter Olivier;
2.17 Val Olivier;
2.18 Ray Radue;
2.19 Pam Radue;
2.20 Bettie van Deventer;
2.21 Elizabeth Savage;
2.22 Bos Standford;
2.23 Mrs Ncediswa Tayile;
2.24 Wilfred Jantjies; and
2.25 Mrs N Qamata. (There may be additional people who were injured. (We will need to confirm precise details for a victim finding).
3. Various counts of unlawful possession of arms and ammunition in contravention of the Arms and Ammunition Act 75 of 1969.
Tembelani Tandekile Xundu ("Xundu"), Malusi Morrison ("Morrison"), Lungis'umziwonke Ntintili ("Ntintili"), Tobela Mlambisa ("Mlambisa") all testified in support of their applications. In addition certain survivors of the attack and relatives of the deceased either testified or made statements regarding the attack and/or how it had affected them and their families.
In essence the evidence disclosed the following:
All the Applicants were members or supporters of the Azanian People's Liberation army ("APLA"), the military wing of the Pan Africanist Congress or Azania ("PAC"). Xundu and Morrison received military training in exile and then returned to the country where they were involved in various operations on behalf of APLA. Mlambisa received military training in the then Transkei. Ntintili was merely responsible with providing the others with accommodation at Dimbaza. Xundu was an APLA commander who had been deployed in the area. He received his orders from Letlapha Mphahlele who at the time was APLA's Director of Operations and a member of its High Command. The weapons used in the attack were supplied by the late Sichumiso Nonxuba ("Nonxuba") who was Xundu's superior and Regional Commander based in Umtata. Morrison was detailed to deliver them to Xundu and he duly did so.
For the purposes of the attack a unit was formed consisting of Xundu, Nonxuba, Mlambisa and two other cadres known at the time, only by their nons de guerre "Vido" and "Bekky". Xundu and Nonxuba did the initial reconnaissance and later on the day of the attack the others were shown the place.
On the day prior to the attack Xundu, Mlambisa and "Bekky" went to Butterworth where they robbed a person of a white Volkswagen Jetta motor vehicle registration number XB13777. They then returned to Dimbaza.
On the next day the group armed with firearms, ammunition, hand grenades and petrol bombs attacked the King William's Town Golf Club at approximately 21H50. A year-end dinner was being held by the King William's Town Wine Circle in the dining hall and a number of people were in the bar of the club at the time of the attack.
Xundu said that he and Nonxuba entered the building. He went into the dining hall where he threw the hand grenades into the hall and then opened fire with an R4 assault rifle. Nonxuba entered the bar and did likewise. He was armed with an R5 assault rifle and hand grenades.
Vido and Bekky were both outside the building. Bekky was armed with an Ak47 assault rifle and was to give the signal to withdraw. Vido was at the back of the building and armed with an Uzi sub-machine gun and petrol bombs. Both Vido and Bekkey opened fire at the building and Vido threw his petrol bombs. The attack lasted a short while and the group then withdrew. Mlambisa was the driver and he was armed with a 9mm pistol.
The following day the group split up. A few days later Xundu, Vido and Ntintili disposed of the Jetta along the Butterworth - Grahamstown road. The vehicle was pushed off the road and was found burnt out some time later.
Both Ntintili and Morrison said that they realised their participation contributed to the carrying out of the attack and they both associated themselves with the attack and the political objective sought to be achieved thereby.
Although there are some differences between the evidence of the Applicants, this is no more than would be usual in the circumstances, bearing in mind that this attack occurred six years before the hearing. Accordingly we are satisfied that the Applicants have made full disclosure of all relevant facts.
It remains to be decided whether the Applicants meet the requirements of Section 20(1) of Act 34 of 1995 as to whether "the act, omission or offence to which the application relates is an act associated with a political objective committed in the course of the conflicts of the past in accordance with the provisions of sub-sections (2) and (3)."
It is clear that the Applicants were members of the PAC and/or APLA and that they acted in terms of these organisations' policies and objectives. A the relevant time APLA was still engaged in the armed struggle and regarded all whites as supporters of the Apartheid Government. Attacks of this nature were aimed at impressing on whites the need to abandon their support for the Government of the time and to make it clear that they would continue to be targets of such attacks unless there was a political change in the country. Furthermore, the Applicants acted under the orders of Mphahlele.
The Committee is satisfied that the offences were committed in the course of the conflicts of the past and that all the Applicants fall within the provisions of Section 20(2). The Committee, after considering the guidelines set out in Section 20(3) is further satisfied that the offences committed were associated with a political objective.
In the result amnesty is GRANTED to the Applicants for all acts, omissions and offences as disclosed in the facts set out above.
The Committee is of the opinion that the relatives and dependants fo the deceased persons mentioned in 1 above are victims and they are referred to the Committee on Reparation and Rehabilitation for consideration in terms of Section 22 of Act 34 of 1995.
The Committee is of the opinion that the injured or affected persons mentioned in 2 above are victims and they are also referred to the Committee on Reparation and Rehabilitation for consideration in terms of Section 22 of Act 34 of 1995.
SIGNED AT CAPE TOWN ON THIS 21 DAY OF MAY 2001
JUDGE A WILSON
ADV L GCABASHE
ADV NJ SANDI
MR I LAX
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