AC/2001/219

      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.

KHAYALETHU THANKSLORD MBANE   APPLICANT

(AM6531/97)

                                                                                                   DECISION

This is an application in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995.  The Applicant avers that during or about January 1997 he petrol-bombed the Woolworths Shopping Complex in Adderley Street, Cape Town.  No person was injured as the result of the attack.  He also claims that in preparing the petrol bomb and executing the attack he acted in collaboration with one Patrick Makaya Mwanda and his other companions in the struggle against the previous regime.  None of them were arrested and charged for the incident.  He states that at the relevant time members of the Security Forces had shot and killed many demonstrators in the black townships of Cape Town. 

He further avers that after a public meeting which was held in a church hall in Guguletu it was decided that a black Christmas be observed to make a political statement and protest against the killings.  It was further decided that some kind of "revenge action" be taken against the white voters.  The aim was not to kill or injure any person but to burn as many white businesses as possible in Cape Town.  The Applicant states that at the meeting he was a prominent speaker.  He proposed that they arm themselves with sticks and knives.  This was merely to defend themselves in case they were attacked.

After carefully considering the matter we are satisfied that the Applicant has made a full disclosure of the relevant fats.  We accept that the incident occurred as a result of the conflict of the past.  The Applicant has complied with the requirements of the Act and in the circumstances it is accepted that he committed "an act associated with a political objective" as required by the Act.

In the result amnesty is GRANTED to the Applicant for arson.

DATED AT CAPE TOWN THIS 31ST DAY OF MAY 2001

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