DECISION
This application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995. The applicant is seeking amnesty for the following offences:-
1. Arson in respect of the homestead of the former Mayor of Soweto, Mr Tshabalala, during or round about 1983;
2. Arson in respect of Don Shopping Complex in Dobsonville during or round about 1983 which property belonged to Donald Mmesi and
3. Malicious damage to property in respect of a vehicle belonging to one Mr Tshabalala, a member of the South African Police.
Both Tsbalalala, the erstwhile Mayor, and Mmesi have since deceased. The applicant was never charged with any of the said crimes.
The background and political profile of the applicant can be summarised as follows. He was a trained member of Umkhonto weSizwe ("MK"), the military wing of the African National Congress ("the ANC"). He testified that at all times material hereto he was acting on behalf of the ANC and MK.
In 1978 he was recruited by Norman Tedi Mthembu who subsequently gave him military training inside the country. Initially the applicant’s duties entailed operating as a courier for weapons and ANC underground literature but, as things progressed he got deeply involved in the MK underground activities. Mthembu asked him to recruit people to join the ANC and MK in the struggle against the Apartheid Regime. One of the people who were recruited in the process was Abie (deceased) and they all worked together as a unit, namely the applicant; Mthembu and Abie. Primarily, they were opening Dead Letter Boxes (DLB’s) in Soweto where they concealed arms and reading materials. These would be collected by other underground ANC and MK operatives who, for security reasons, were unknown to the applicant and Abie. Mthembu was their Commander in the three-men unit.
On a certain day in 1983, shortly before the Black Local Authorities Act Election were held, which exercise led to widespread opposition and unrest in the black townships, Mthembu came to see the applicant and Abie. He told them that it was an ANC position that people should not take part in the elections. These were seen as part of the National Party Strategy to prolong and entrench Apartheid rule and its diabolic policies of racial oppression. At that stage he did not tell them what exactly their unit was expected to do to respond to government-imposed structures. He said he was going to come back for further discussions and plan of action, to ensure that the elections did not take place. It was quite clear to the applicant that Mthembu was in contact with person(s) high up in the ANC.
Later Mthembu returned and said they would have to petrol bomb properties belonging to supporters of the government, specifically the police and community councillors. But they were to ensure that no one could get killed because the aim was only to intimidate such people and any other possible participants in the elections.
The first attack was on the home of Tshabalala, the Mayor. The applicant says in the evening of that particular day they all proceeded to the said place and threw petrol bombs, directing them at the lounge where they were not expecting any person to be sleeping. Indeed, no person was injured in the attack.
The second target was the Don Shopping Complex where they threw petrol bombs. The business property premises were attacked because they belonged to Mmesi who was a Community Councillor at the time. They also left pamphlets there which demanded that Mmesi resign as a member of the Soweto Community Council a "black local authority".
The third incident was also a petrol bomb attack on a vehicle belonging to a policeman, Tshabalala, at Emndeni (address unknown). Tshabalala was a very notorious policeman whom residents feared and hated. He was the only policeman still living in the area as all others had fled. The aim was to force him to leave the area. According to media reports on all the incidents no person was killed or injured. The applicant was never arrested and he left the country immediately after the operations.
The applicant testified that their intimidation tactics and political campaign against the elections paid dividends because many township residents who were expected to participate in the elections on the voting day stayed away. The elections were a complete failure. In addition to the attacks their unit had distributed pamphlets in the township and urged people not to vote.
After considering the applicant’s evidence we are satisfied that he has complied with the formal requirements of the Act. The offences committed are "acts associated with a political objective" in terms of the Act. We accept his evidence that he was a member of the ANC and acted as its cadre and on its behalf. It is clear that he has given a full disclosure of the relevant facts and is therefore ENTITLED to amnesty for all the offences listed above.
We further refer to the Reparation and Rehabilitation Committee all the victims for declaration in terms of Section 22 of the Act.
SIGNED ON this the 15 day of November 2000
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ACTING JUDGE D POTGIETER SC
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ACTING JUDGE J MOTATA
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ADV N SANDI
