The applicant seeks amnesty for the killing of Thomas Mothobi during 1987 after he had received instructions from the command structure and as Commander "Serch" PhaWa based in Botswana, instructed Vuyani Mabexe to kill Thomas Mothobi.
He testified that he was attached to the Hector Unit and was tasked to do intelligence reconnoitring about the apartheid structures.
The deceased was a member of the ANC and an MK and also served as a bodyguard of the then President of the ANC, O.R. Tambo. The deceased defected from the ANC and turned askari and his activities were mainly focused around the borders of Botswana in particular the Ramatlabama and Zeerust border posts. He also appeared around the Soweto area gathering information for the Security Forces when at the time the apartheid regime had declared a total onslaught against the so-called "Terrorist Insurgent".
The deceased was spotted often in the company of other askaris like Gloria Sidebe who was known amongst the ANC ranks as "September".
The unit was then instructed to gather intelligence reports on the deceased focus on his movements, contacts and places he frequented most and the elicitation was confirmed.
When the deceased was killed the applicant was outside the country, but he however got information from Mabexe that he had been killed.
A notice was duly published in the Sowetan calling for the victims, interested persons and implicated persons. None appeared and the application was uncontested.
Mabexe and the applicant were not charged for this incident since the unit operated clandestinely.
The acts, omissions and/or offences which the application relates to are acts associated with a political objective committed during the conflicts of the past.
The Committee is satisfied that the applicant has also made a full disclosure of all relevant facts as contemplated in Section 20(1) of Act 34 of 1995.
In the light of the aforegoing, amnesty is GRANTED to the applicant in respect of the killing of Thomas Mothobi and all other offences or delicts which relate or flow from such an incident.
The Committee is further of the opinion that the relatives of Thomas Mothobi are victims as contemplated in Section 26 of the Act and are referred to the Reparations and Rehabilitation Committee for consideration.
Dated at Johannesburg this 7th day of December 1999.
ACTING JUDGE J. MOTATA
ACTING JUDGE C. DE JAGER
ADV. F. BOSMAN S.C.
PANEL : Motata, A.J.; De Jager, A.J.; Adv F. Bosman, S.C.
EVIDENCE LEADER: Mr Z. Mapoma
VENUE & DATE: 1 December 1999
JISS Centre, Johannesburg
LEGAL REP. FOR APPLICANT: Mr B. Kopedi
Mohlaba & Moshoana
21st Floor, SAAU/SALU Building
cnr Andries & Schoeman Streets
Tel: (012) 3289966
Fax: (012) 3264715