AC/99/0059
TRUTH AND RECONCILIATION COMMISSION
AMNESTY COMMITTEE
APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT NO. 34 OF 1995.
MUSA PATRICK HADEBE APPLICANT
(AM 6667/97)
DECISION
The applicant applied for amnesty in respect of the following offences:-
1. The illegal possession of a machine gun and ammunition;
2. The illegal possession of a hand grenade;
3. Murder and;
4. Attempted murder.
The Committee investigated the matter and the following information was gained from the official prison files.
The applicant was convicted on three charges on 20 July 1997:
1. Contravention of Section 32(1)(a) of Act 75 of 1969 for being in the illegal possession of R4 rifles.
2. Contravention of Section 32(1)(c) of Act 75 of 1969 for being in unlawful possession of ammunition.
3. Contravention of Section 32(1)(b) of Act 75 of 1979 for being in unlawful possession of 2 M26
hand grenades.
He was sentenced to 6 years imprisonment on count 1, one year on count 2 and 6 years on count 3 - an effective sentence of 13 years.
The Committee requested further particulars from the applicant and the PAC on 11 November 1997. No response was forthcoming. It is not clear how many people were murdered, who they were and on who attempted murders were executed. No confirmation came forward that the applicant was indeed a member of the PAC acting on instructions or with the approval of one of their commanders.
Taking into consideration the nature of the offences reflected in counts 1,2 and 3 above, the prevailing circumstances in Kwa-Zulu Natal and in particular the Empangeni area and the applicant's affidavit, the Committee is satisfied that the illegal possession of the firearms and ammunition reflected in counts 1,2 and 3 were associated with a political objective. It seems that the weapons were used in the murders and attempted murders. On the meagre information before the Committee it seems as if the attacks were directed against ordinary civilians. There is however no full disclosure in this regard and the essential particulars required were not supplied in the application on thereafter when requested.
In the result amnesty is REFUSED for the murders and the attempted murders.
Amnesty is GRANTED in respect of the illegal possession of:
1. two (2) R4 rifles;
2. One hundred and forty (140) rounds of ammunition; and
3. two (2) hand grenades,
on 6 February 1994 at Stanger.
(Signed)