DECISION
This is one of a number of amnesty applications for amnesty by Joseph Koetle who is presently employed as an Executive Officer of the Gauteng City Council. He has already been granted amnesty for his involvement in a number of other operations on behalf of Mkhonto WeSizwe ("MK"), the military wing of the African National Congress ("ANC"). At the relevant time he was a highly placed MK operative and commander of units inside the country. He also worked closely with Lieutenant-General Siphiwe Nyanda, a former MK member and presently the Chief of the South African National Defence Force. We again wish to mention that Mr Nyanda has already taken responsibility for the acts carried out by the applicant and other MK operatives. Nyanda was one of the highly ranking figures in the leadership of MK and had many operatives working under him both inside and outside the country before the ANC suspended its armed struggle.
The applicant is seeking amnesty for his involvement in the following incidents:-
1.
SABOTAGE ON THE RAILWAY LINE BETWEEN : MZIMHLOPHE AND PHOMOLENG STATIONS IN 1987
In this incident he supplied one Joas "Jomo" Chomane with a 158 Limpet mine which was used in the operation. Jomo acted under the orders of the applicant when he personally placed a bomb on the railway line. No person was injured as the result of the explosion which caused a damage of R2 000.00. The applicant accordingly takes full responsibility for the operation and the consequent damage.
2. THE MURDER OF CONSTABLE P.T. MAKHALEMELE
AT ROCKVILLE, SOWETO IN OCTOBER 1987
On the day in question the applicant was arrested at Hillbrow, Johannesburg, by the deceased and his colleague. At the relevant time the applicant had been infiltrated into the country by MK High Command where he planned and/or took part in a number of operations. The police were demanding to be told where the arms were located and the applicant agreed to take them to a hideout at Rockville, Soweto. He was unarmed at that stage and his plan was to attack his arrestors once he had access to a firearm at the hideout. He was then escorted to Rockville. On arrival there he took the police by surprise and swiftly drew out a firearm which he had hidden. He shot the deceased and the other policeman ran away. The applicant later returned to Swaziland with a hijacked vehicle. We shall revert to his evidence regarding the vehicle later.
3. ROBBERY OF A MOTOR VEHICLE AT HOUSE NO. 2772,
ROCKVILLE, SOWETO, 1987
After killing Constable Makhalamele the applicant had to lie low in hiding. He was unable to enlist the help of his fellow MK compatriots who were also inside the country at the time. He needed a vehicle to facilitate his escape to Swaziland. In the evening of the day in question he proceeded to house No. 2772 where he "requested" keys for a vehicle which was parked outside. He told the owner and occupants of the said house that he needed the vehicle to escape and that he was an MK soldier. He further told him to remove all valuables in the car. He traveled with the vehicle towards the R.S.A.-Swaziland borders where he abandoned it.
4.
ESCAPING FROM MOROKA POLICE STATION IN : AUGUST 1987 AND NOVEMBER 1993
In both occasions no force was used and in the first instance, he had been arrested for possession of a stolen vehicle which had been used in an MK operation. In 1990, due to the delay, in processing MK application for indemnity in terms of the former Indemnity Act, 1990, the applicant and other MK cadres panicked and escape from prison.
5. UNLAWFUL POSSESSION OF A 9MM PISTOL AND A
158 MINI LIMPET MINE AT SOWETO IN 1987
CONCLUSION
After considering the matters we are satisfied that the applicant has complied with all the requirements of the Act. The crimes committed are obviously acts associated with a political objective in terms of the Act. It is clear that he carried out the acts as a member of the ANC and on its behalf. He further appears to have given a full disclosure of the relevant facts. He is therefore ENTITLED TO AMNESTY.
The dependants of Makhalemele are hereby referred to the Rehabilitation and Reparations Committee to be declared victims in terms of the Act.
SIGNED AT CAPE TOWN ON THIS THE _______ DAY OF ____________ 2000.
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JUDGE S. MILLER
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ACTING JUDGE J MOTATA
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ADV. N. SANDI
