DECISION
This application is related to that of Joseph Harold Nkuna (no 0812/96) and also to that of Derrick Mhlupeki Skosana (no 3387/96) in that they are all mainly in respect of the same incident, namely the attack on the house of one Johannes Mandla Shabangu.
The applicant was arraigned and convicted on the following charges:
Count 1: attempt to murder to Johannes Mandla Shabangu;
Count 2: attempt to murder Noelane Lingwate;
Count 3: attempt to murder Peer Mnisi;
Count 4: attempt to murder Thadi Mokoena;
Count 5: attempt to murder Lazarus Chiwayo;
Count 6: attempt to murder Phindive Shlangu.
Count 7: the illegal possession of two F1 hand grenades of Russian origin;
Count 8: the illegal possession of one AK47 gun with two magazines;
Count 9: the illegal possession of ammunition;
(all the preceding offences were committed during the night of the 10th to the 11th of November 1992 at Kanyamazane);
Count 10: the illegal possession of an F1 hand grenade;
Count 11: the illegal possession of 20 x 7.62 rounds of ammunition for an AK47 assault rifle;
Count 12: the illegal possession of 1 x 7.62 round of ammunition
(All the above offences were committed on or about 3 December 1992 at Kayamazane).
A variety of sentences were imposed on the applicant. Certain offences were taken together for the purpose of sentence; some were made to run concurrently with others. In the end, the applicant's effective total sentence was seven (7) years' imprisonment.
At the time of the attack, the applicant was a 17 year old student at Thembeka High School. The applicant joined the political struggle as a result of influence from his elder brother, Joseph Nkuna. The latter was leading political activist and, at some stage, an Umkhonto weSizwe (MK) Commander in the Eastern Region. The applicant himself was a member of the African National Congress Youth League (ANCYL). Through his brother Joseph, the applicant also met many MK cadres and assisted in transporting them. He became immersed in the political struggle of the African National Congress (ANC).
The applicant's evidence is that he, Derrick Skosana and one Solly Moroape attacked Shabangu's house on the instructions of his brother Joseph Nkuna. They were ordinary foot soldiers acting on his brother's orders. The brother was undoubtedly a senior person in the African National Congress. Shabangu was seen by Joseph Nkuna as a legitimate target after he was identified as a police agent, following a mysterious, and apparently political attack on Joseph Nkuna himself by identified people. Full details of that attack, and also how and why Shabangu came to be attacked in consequence thereof, are given in our decision on the application of Joseph Nkuna which was heard jointly with the applicant's application. Shabangu himself was a senior member of the ANC in the region. For the reasons set out above, as well as in our decision in Joseph Nkuna's matter, we are satisfied that all the offences of attempted murder committed by the applicant are acts associated with a political objective. The illegal possession at various times of all the firearms, ammunition and hand grenades also constitute offences associated with a political objective; they were possessed in the course of the struggle.
In the result, the applicant has satisfied requirements for
AMNESTY: , which is hereby
GRANTED: in respect of all the offences referred to above on the first page of this judgment.
SIGNED ON THE 5th DAY OF NOVEMBER 1997.
NGOEPE, J
ADV C. DE JAGER
MS S. KHAMPEPE
