AC/99/0070
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.
KEBANI PHINEAS MALOI APPLICANT
(AM 8045/97)
DECISION
The applicant applies for amnesty in respect of an offence committed by himself at Duduza during 1990 when he shot at the house of one Alexander Montoedi.
The applicant at the time was the Mayor of Duduza. He states that when the African National Congress was unbanned he and his members of his family were victimised to such an extent that it seriously effected their health and their businesses. The said Alexander Montoedi was a member of the ANC and according to the applicant, played a major role in the victimisation.
The applicant believes that he was victimised for political reasons. The objective being to isolate him from the community and to force him to resign from his positions of councillor and mayor of Duduza.
The applicant, who received no effective protection from the police, took it upon himself to defend his position by attacking the house of the said Montoedi. This he did by shooting at the house. No one was injured in the attack but damage was caused to the house. The applicant was never prosecuted for the offence.
We are satisfied that the application complies with the requirements of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 in that the offence committed by the applicant was an act associated with a political objective committed in the course of the conflicts of the past and that the applicant has made a full disclosure.
In the result, the applicant is GRANTED amnesty in respect of his shooting the house of Alexander Montoedi at Duduza during 1990.
(Signed)