AC/2001/217

      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.

GABOUTLWELWE CHRISTOFFEL MOSIANE    APPLICANT

(AM3768/96)

                                                                                                   DECISION

The Applicant applies for amnesty for the conspiracy to petrol bomb a green Nissan Langley motor vehicle and the subsequent petrol bombing of a house in the rural area near Nelspruit, both the Nissan and the house belonging to a trade union activist during or about 1988.

The incident occurred while a team of Vlakplaas members was assisting the Nelspruit Security Branch.  The team were led by Captain Baker and consisted further of Lieutenant Van Dyk, Sergeant Nofemela and Constable Nicholas Dube.

The action was carried out at the behest of the Nelspruit Security Branch in order to intimidate the activist and restrain him from continuing with his activities.

The Applicant cannot identify the address of the house, which was in a tribal area, nor can he remember the name of the activist.  Nobody was killed or injured although there appeared to be persons in the house at the time of the incident as the Applicant had heard persons screaming at the back of the house when the bombs exploded.  The bombs were thrown by Nicholas Dube and the Applicant while their superiors were waiting for them in a Kombi vehicle a little distance from the house.  The initial objective was to burn the vehicle, but when that was not found, the house became the target.

A number of incidents in relation to which the Applicant applied for amnesty was heard at the hearing but resulting from an oversight the Committee failed to deal with the present incident in the decision AC2001/069.

The Committee is satisfied that the incident relates to an act constituting an offence, committed within the context of the conflicts of the past and associated with a political objective.  The Applicant made a full disclosure of all relevant facts.

The Applicant is accordingly GRANTED amnesty.

DATED AT CAPE TOWN THIS 31ST DAY OF MAY 2001

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