AC/2001/134

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO. 34 OF 1995.

PHILA MARTIN DOLO 1ST APPLICANT

(AM 3485/96)

THABISO JAMES MAKOALA 2ND APPLICANT

(AM 6026/97)

DECISION

This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995 ("the Act"). The two applicants apply for amnesty in respect of their participation in the following acts, omissions or offences which took place on 19 November 1992 on the Sterkspruit - Lady Grey Road in the Herschel district:-

1. The murder of three people, to wit, Mr Peter Schroeder, Mrs Shirley Ethnè Brummer and Mr James Tsemane;

2. Attempted murder of Mr Douglas John Selley, Mrs Vuyisanani Judith Booysen, Mrs Busisiwe Emmah Dlephu, Mrs Nontsikelelo Ngepe and Mrs Molungwana;

3. Armed robbery and theft of a blue Izuzu bakkie motor vehicle in the possession of Mrs Booysen;

4. Malicious damage to property in respect of the other vehicles which were shot at;

5. Possession of arms and ammunition in contravention of the Arms and Ammunition Act No. 75 of 1969.

The first applicant, Phila Martin Dolo ("Dolo"), testified before the Committee that he was the Regional Commander of the Azanian People's Liberation Army ("APLA") and that he was deployed as commander in the Sterkspruit - Zastron - Lady Grey area by the Director of Military Operations, Mr Letlapa Mphahlele ("Mphahlele"), on the instructions of Sabelo Palma, who was the APLA commander and was based in Zimbabwe. His mandate was to "engage the Settler Colonialists in continuing the struggle for the liberation of our people" that is, launching attacks on white people found in the area.

His duties were to identify the targets, do reconnaissance, provide the armaments to be used in the attacks, give orders for the attacks and report the results to Mphahlele.

His other duties were to train cadres who came from Umtata or other areas in the former Transkei. He conducted military lessons as an instructor. He used some cadres in operations in his area and others he sent to Umtata for redeployment.

He further testified in detail about the attack known as the Lady Grey - Herschel Road ambush which is the subject matter of this application. He told the Committee that on the day in question he deployed himself and three of these operatives along the Lady Grey - Herschel Road, namely, Dolo (armed with a R4 rifle), the second applicant, Mokoala, also known as Kleintjie (armed with a.38 Special), one Roger, an alias, (armed with a .38 Special) and Scorpion, an alias, (armed with a 9mm pistol). At the time of the incident these operatives were staying at Jozanna's Hoek in the former Transkei from where they got a lift on a truck to the spot where they launched the attacks.

As Commander, Dolo deployed his fellow comrades on the same side of the road and ordered them "to attack cars whose occupants were white" in accordance with what he stated was the policy of APLA, the military structure of the Pan Africanist Congress of Azania (PAC). According to this policy, whites, whoever they might be, were regarded as legitimate targets.

Because visibility was unclear, Dolo deployed Mokoala to stand at a distance from the other operatives so as to signal to them by lifting his hat if the occupants of the approaching cars were whites. The first vehicle to be attacked was a white bakkie. The applicants and the other cadres opened fire at the vehicle as it passed. The vehicle then came to a standstill. The occupants alighted and were offered a lift by what Dolo refers to as a "taxi". This is the vehicle that was driven by Mr Tsemane. The driver lost control and the vehicle crashed down a donga next to a bridge. On approaching the vehicle, they observed that the driver and a woman had died. In fact the woman, Mrs Brummer, was still alive and died later in hospital. One person was lying dead near the bridge. Dolo shot him execution style behind his head at close range with a R4 rifle. This was Mr Peter Schroeder.

Dolo testified that he and his comrades then stopped a Toyota bakkie which approached with two women occupants. In fact there were four occupants in the vehicle. He does not dispute that these were not White occupants. They took possession of the bakkie by force and told the occupants that they would leave it in Sterkspruit. As they were about to leave a 4x4 vehicle, driven by a white person, arrived. Thinking the vehicle would block the way, apparently trying to prevent them from leaving, Dolo ordered Mokoala to shoot at it. The vehicle retreated with the driver, Mr Shelley, having been injured. They then retreated. Along the way Dolo noticed a White person hiking and tried to run him down but missed him as he evaded being knocked by the car. Dolo testified that he thought this person was one of those who escaped from the attack. However he could not link him to any vehicle which was attacked.

He further testified that after this operation he duly reported to his Commander, Mpahlele, who approved of it and encouraged him to continue attacking whites in that area.

The second applicant, Mr Mokoala, to a great extent, confirmed Dolo's evidence insofar as it related to him. He explained in detail the role he played during the attack.

The two applicants corroborate each other in all material respects about the operation they launched.

It transpired that Mrs Brummer was the only White person attacked during this operation. Mr Schroeder was a Coloured person and Mr Tsemane was a Black person. The applicants ascribe their mistaking of Mr Schroeder as a White person to poor visibility, as the operation was conducted in the early hours of the morning. Concerning the attack on Mr Tsemane, the applicant's explanation is that he appeared to be attempting to assist their target, their enemy, thus making himself a legitimate target.

On the allegation by the next of kin of the deceased persons, that the applicants and their unit were being used by one group in a feud between rival football clubs at Mbele-bele in Sterkspruit, the applicants disputed that by pointing out that they, themselves, were not local people and thus they would not have involved themselves in local disputes. In any event the second applicant followed Dolo's orders and he had no reason to doubt his authority as he was a Regional Commander. Furthermore, there is nothing before us to warrant a finding in this regard as the allegations appear to be nothing more than speculation.

The Committee is accordingly satisfied that the offences were committed in the course of the conflicts of the past and that the applicants fall within the Provisions of Section 20(2) of the Act.

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 their part on 19 November 1992 at or near the Sterkspruit - Lady Grey Road in the district of Herschel in:-

1. The murder of three people, to wit, Peter Schroeder, Shirley Ethnè Brummer and James Tsemane;

2. Attempted murder of Mr Douglas John Selley, Mrs Vuyisanani Judith Booysen, Mrs Busisiwe Emmah Dlephu, Mrs Nontsikelelo Ngepe and Mrs Molungwana;

3. Armed robbery and theft of a vehicle in the possession of Mrs Booysen;

4. Malicious damage to property in respect of the vehicles which were shot at;

5. Possession of arms and ammunition in contravention of the Arms and Ammunition Act No. 75 of 1969.

SIGNED AT CAPE TOWN ON THIS THE DAY OF 2001.

JUDGE A WILSON

ADV N SANDI

MR I LAX

MR J B SIBANYONI

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