Decisions

DECISION

The applicant is applying for amnesty in respect of two incidents namely:

(1) Murder of Benjamin Langa on 20 May 1984 in Pietermaritzburg.

(2) Attack on a South African Police vehicle at the Dube Hostel, Soweto Johannesburg, on 21 May 1988.

The prescribed application form was submitted and a further detailed statement from applicant was submitted.

The application was not opposed by the victims.

APPLICANT’S POLITICAL BACKGROUND

The applicant left South Africa during or about May/June 1984 to join the African National Congress. Before leaving the country he was residing with his elder brother and schooling in Pietermaritzburg. He was active in student politics and was the Vice President of D.C.O Matiwane Youth League. He was also involved in various structures and campaigns of the United Democratic Front (UDF). He knew Sipho Xulu as a political activist and as a member of the Sobantu Youth League. They were also supporters of the African National Congress.

MURDER OF BENJAMIN LANGA

During or about May 1984, the applicant met Sipho Xulu. Sipho Xulu had left the country in 1982 to go into exile. When Sipho Xulu came back, he was in the company of Lucky Payi and Dennis Mzamo Hadebe. Xulu advised the applicant that he was back in the country in order to recruit more people for training for the continuation of the armed struggle. He also sought information on the political developments in Pietermaritzburg since he had left.

The applicant advised Xulu that a certain Dr Faith Matlaopane had testified at applicant’s brother’s treason trial. He informed Xulu that Dr Matlaopane had gone overboard when he gave the evidence. It did not seem as if he had been forced to do so. It was then agreed that Dr Matlaopane would be killed. On that night applicant, Xulu, and Payi went to Dr Matlaopane’s home. They realised that he was present. They however decided not to kill him because there was a possibility that his wife and baby could also be killed.

It was after this failed attempt that applicant was informed by Xulu that they had also been given an instruction by their commander identified only as Ralph to eliminate Benjamin Langa.

Applicant knew Benjamin Langa as a comrade and as a political activist. He also knew where he lived. Xulu and Payi advised, the applicant that Benjamin Langa had been selling out comrades.

Xulu and Payi were both armed with pistols. The applicant agreed with the plan to kill Benjamin Langa. At that time nobody questioned anything that came from the ANC and applicant did not have any basis for questioning it.

Applicant then took Xulu and Payi to Benjamin Langa’s home. He knocked on the door and Ben opened. Xulu and Payi both entered and shot him.

Subsequent to this murder the police started looking for the applicant. He left the country and went into exile.

Whilst in exile he discovered that the person who had given the instruction to Xulu and Payi was actually Eddie Lawrence. He had been recruited by the Security Police and was handled by a senior security police official at the C.R. Swart Square Police Station in Durban. Lawrence’s true role as an agent of the apartheid regime was uncovered by the ANC. He subsequently died in exile during 1988.

ATTACK ON SOUTH AFRICAN POLICE VEHICLE

After leaving the country in 1984, the applicant remained in Lesotho until approximately September 1984. Thereafter he received training in various places until he returned to Lusaka where he was recruited to the Special Operations by Johannes Mnisi and Gordon Webster.

He was then deployed in South Africa. He was based in Soweto where he established two separate units. One of the units comprised one Zakes (now deceased) and another person whose name he could not recollect. The main objective for the establishment of these units was to blow up pylons, substations, attacking the police, sabotaging electricity pipe lines etc. They were also to recruit and train operatives inside the country.

The only operation which was carried out by this unit was the operation on 21 May 1988 in which a police van was ambushed and attacked on the railway line which separates Dube and Meadowlands in Soweto.

The applicant had been informed by other units that the police lived at a section of the Meadowlands Hostel.

They went to the hostel, waited for the police van, opened fire and retreated. He could not recall how many shots each of them fired.

The vehicle came to a halt. They stood about 100m from the van. They could not see who was in the van.

Sometime after this incident, applicant was arrested and detained under Section 29 of the Internal Security Act. He was rescued by another comrade and returned to Botswana and Lusaka. Only one victim, Zizwe Abednigo Mthethwa came to the hearing and he did not oppose the application.

AD INCIDENT ONE

Although this matter was not opposed, the members of the Langa family submitted a letter written by the President of the African National Congress, Mr Thabo Mbeki. In this letter the President confirmed the correctness of the ANC’s submission to the TRC and in particular paragraph 6.2.7, which reads as follows:

"6.2.7 Deliberate disinformation, leading to mistaken attacks – In a few cases deliberate disinformation resulted in attacks and assassinations in which dedicated cadres lost their lives. In one of the most painful examples of this nature, a state agent with the MK name of "Fear" ordered two cadres to execute Ben Langa on the grounds that Langa was an agent of the regime. These cadres – Clement Payi and Lucky Xulu – carried out their orders. This action resulted in serious disruption of underground and mass democratic structures in the area and intense distress to the Langa family – which was the obvious intention of Fear’s handlers. Once the facts were known to the leadership of the ANC. President Tambo personally met with the family to explain and apologise for this action."

The Committee finds that the killing of Ben Langa was never authorised by the ANC and Ben Langa was never an informer nor a spy of the apartheid regime.

In order to be able to qualify for amnesty the applicant must satisfy the Committee that

(1) the application complies with the requirements of the Act.

(2) the act, omission of offence, is an act associated with political objective.

(3) the applicant has made a full disclosure of all relevant facts.

Having heard the evidence of the applicant, we are satisfied that the applicant has complied with the requirements of the Act and is GRANTED amnesty as follows:

(1) Murder of Benjamin Langa on 20 May 1984.

(2) Unlawful possession of firearms on 20 May 1984.

(3) Unlawful possession of ammunitions on 20 May 1984.

(4) Attempted murder of Zizwe Abednigo Mthethwa on 21 May 1988.

(5) Unlawful possession of firearms on 21 May 1988.

(6) Unlawful possession of ammunition on 21 May 1988.

(7) Malicious injury to state property on 21 May 1988.

Zizwe Abednigo Mthethwa is hereby referred to the Rehabilitation and Reparation Committee to be declared victim in terms of the Act.

SIGNED ON THIS THE ____________ DAY OF ______________________ 2000.

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C. DE JAGER (AJ)

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ADV. S. SIGODI

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MR ILAN LAX