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Decisions

Type AMNESTY DECISIONS

Names PETER ISHMAEL ROCKY MALEBANA-METSING

Matter AM7674/97

Decision GRANTED

: DECISION

The Applicant, who was a former leader of the opposition viz. the People's Progressive Party, and member of Parliament in the erstwhile Bophuthatswana, applies for amnesty for the planning, organising and execution of a military coup in Bophuthatswana on 10 February 1988. A number of persons were killed and injured during the coup and also suffered damage to property and financial losses. All were informed of the application and hearing. The victims conceded that the acts of the Applicant were of a political nature and did not oppose the application.

The Applicant testified that he planned an overthrow of the Lucas Mangope regime and that he involved some members of the National Executive of the People's Progressive Party and Bophuthatswana soldiers in the process.

He further testified that the aim and objective was to advance the broad democratic forces in South Africa by installing a progressive government in Bophuthatswana and to ensure that Bophuthatswana was "returned into the fold of the Republic of South Africa". He wanted to relieve the people of the tyranny of the state which inter alias refused to grant its citizens civil liberties and basic human rights. The Applicant repeated his justification for his actions as set out in his application form of which the rigging of the elections in 1987 was the "last straw".

In the planning of the coup the Applicant directed that no blood be spilled unnecessarily. To further ensure this he telephonically requested the SA Ambassador in Bophuthatswana and the former President of the RSA Mr PW Botha not to intervene. His requests were, however, ignored and by midnight on the day of the coup, the South African Army had restored the Mangope government in power. The Applicant fled the country. Upon his return he was granted indemnity for certain lesser offences but not for that which is the subject matter of this application.

After consideration of the evidence of the Applicant, the Committee is satisfied that the Applicant has complied with all the formal requirements for amnesty, that the offences he committed were offences committed with a political objective as defined in the Act and that he has made a full disclosure of all relevant facts.

Accordingly the Applicant is GRANTED amnesty for all offences and delicts flowing from or directly associated with his planning, organisation and execution of a military coup in Bophuthatswana on 10 February 1988.

The persons listed below are victims in the opinion of the Committee and are referred to the Committee on Reparation and Rehabilitation for consideration:

1. Mr Lucas Mangope;

2. General Phuthego Seleke;

3. Brigadier van Rensburg;

4. Mr Hendrik Stephanus Turner;

5. Mr Samuel Seane (next of kin of Elizabeth Masa);

6. Ms Joy Diphoko;

7. Ms Phanny Ntsime, Kalebe Ntsime, Kabelo Ntsime, Banyana Ntsime, Kagiso Ntsime;

8. Ms Agnes Thebe.

DATED AT CAPE TOWN THIS 27TH DAY OF FEBRUARY 2001

JUDGE DENZIL POTGIETER

ADV F BOSMAN

ADV N SANDI

 
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