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Decisions

Type AMNESTY DECISIONS

Names TEMBA PHIKWANE,MANDLA MICHAEL YENDE

Matter AM 6032/97,AM 5648/97

Decision GRANTED

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DECISION

Both applicants, members of PAC and its military wing APLA, apply for amnesty for the following offences:-

a) Attack on members of the SADF on the 16 December 1986 at the corner of John Brand Street and 16th Avenue, Alexandra Township, Johannesburg.

b) Attack on members of the SADF on the 1 January 1987 at the corner of John Brand Street and 1st Avenue, Alexandra Township, Johannesburg.

c) Attack on members of the SADF at the end January beginning February 1987 at the corner of Hofmeyer Street and 11th Avenue, Alexandra Township, Johannesburg, and

d) Unlawful possession of fire arms and ammunition.

The first applicant, Temba Phikwane, testified that he joined the PAC in 1976 and left the country in the same year to join APLA. He trained in various countries and returned to South Africa in 1986, and went to Alexandra Township and noticed SADF members children. He monitored their movements and thereafter received instructions from Sabelo Phama and sometimes from Letlapa Mphahlele to execute the mission of attacking. He would report back to the them Mozambique. He met the second applicant, Mandla Michael Yende, upon his return and trained him in fire arms and explosives.

In the first incident they attacked the SADF with scorpions. The second applicant was present. They later learned from newspapers report that 3 members of the SADF died.

In the second incident they were again three. Second applicant, David Myaka aka Sedudla (who has since died) and himself. They used the same weapons as above. Newspapers carried reports that six to seven members of the SADF were casualties in the attack. This attack was the only one executed at around midnight.

The third attack they were five namely:- Yende, second applicant, Elias Ranti Mothapo (Morapapa) David Myaka (Sedudla) Bengu and himself. The shooting was not returned. Many members of the SADF were affected and about five to 6 members died.

The second applicant, Mandla Michael Yende testified that he joined the PAC in 1986 through AZANYU and in the same year was recruited by the first applicant, who trained him, to APLA. He confirmed the First applicant's testimony of how the attacks were executed.

The Committee is satisfied that the applicants disclosed all material facts in regard to the offences and that the offences were associated with a political objective. They were members of APLA and they acted on instructions and in support of the organisation.

The Committee is of the opinion that Messrs Gary David Orwin and Adriaan Pierce should be considered to be victims in terms of the Act.

In the result amnesty is GRANTED to both applicants, Temba Phikwane and Mandla Michael Yende, for the above-mentioned offences.

SIGNED AT CAPE TOWN ON THIS THE

: DAY OF

: 2000

: JUDGE S MILLER

: JUDGE N J MOTATA

: ADVOCATE N SANDI

 
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