Decision

Type AMNESTY DECISIONS
Names MAWETHU LUBABALO NTLABATHI
Matter AM 5693/97
Decision GRANTED
URL http://sabctrc.saha.org.za/hearing.php?id=59280&t=&tab=hearings
Original File http://sabctrc.saha.org.za/originals/decisions/2000/ac20247.htm

DECISION

The application stated that applicant was an APLA Regional Counter Intelligence Officer. He applied for amnesty in respect of assaults on Messrs. Matsokoshe and Tebogo in a PAC camp in Tanzania during 1992/1993.

He further stated that the assaults were carried out with the approval of Mr Bafana Yose, the military attaché' of APLA in Tanzania.

The purpose of the assaults were to discipline the two cadres who were members of APLA for their involvement in stealing APLA property and thereby undermining army discipline and the building of an effective army to attack and overthrow the government of South Africa.

As was stated in decision AC/2000/149 it is accepted that military forces had to maintain strict discipline in order to operate successfully. Offences associated with that objective would fall within the definition of acts, omissions or offences associated with a political objective.

Amnesty is therefore GRANTED to the applicant in respect of the assaults on Messrs. Matsokoshe and Tebogo and the two are recommended in terms of Section 22 of Act 34 of 1995 for consideration to be declared victims in terms of the Act.

SIGNED AT CAPE TOWN ON THIS THE

: DAY OF

: 2000