IGNATIUS COETZEE 5th APPLICANT
(AM4119/96
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No.34 of 1995 ("the Act"). The matter relates to an explosion at the Jabulani Stadium, Soweto during or about 1987. The explosion was caused by the Applicants on the orders of the South African Police authorities.
The background to the matter briefly is that the Inkatha Freedom Party ("IFP") intended to hold a mass rally at the Jabulani Stadium in Soweto which created the potential for extensive violent conflict with members and supporters of the liberation movements who were opposed to the idea of the IFP holding a public meeting at the stadium. The police authorities raised the matter with the leadership of the IFP, who were adamant that they would not concede to pressure for their rally to be cancelled. It became clear to the police authorities that there was no other credible way for the IFP leadership to respond to the objective circumstances of potential violent conflict and confrontation with their political opponents. In the circumstances, the police authorities decided that the stadium should be damaged in an explosion in order either to cancel the meeting or create justification for police action in curtailing the potential for conflict. It was made clear that there should be no loss of life or injury resulting from the explosion. In execution of these orders, the Applicants executed the attack upon the stadium. Explosives were placed against one of the walls at the back of the stadium and were detonated causing some damage to the structure. Although the mass rally was not cancelled, the explosion created the opportunity for the police to justify their monitoring the situation. This avoided any conflict and resulted in those attending dispersing quickly after the rally was concluded.
Having carefully considered the matter, we are satisfied that the actions of the Applicants were associated with a political objective and that the applications comply with all of the requirements of the Act. Amnesty is accordingly GRANTED to the Applicants in respect of all offences and delicts arising from the explosion at the Jabulani Stadium, Soweto, during or about 1987.