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TRC Final Report

Page Number (Original) 427

Paragraph Numbers 244 to

Volume 6

Section 3

Chapter 4

Subsection 21

Other matters

244. A range of other amnesty requests were placed before the Amnesty Committee by PAC and APLA members.

245. Six PAC members applied for amnesty for furthering the aims of a banned organisation between 1980 and 1990; for the recruitment of youths for military training, and for harbouring trained APLA cadres infiltrated into the country between 1980 and 1993. Satisfied that the offences committed were acts associated with a political objective and complied with the requirements of the Act, the Amnesty Committee granted amnesty to all the applicants.

246. Mr Patrick Mabuya Baleka [AM5929/97] applied for amnesty for the offence of high treason committed in or around September 1984. The particular off e n c e constituted the subject matter of a high-profile political trial held at Delmas in which the applicant was acquitted. The Committee ruled that there could be no doubt that the charge of high treason related to the political conflicts of the past. Mr Patrick Baleka was accordingly granted amnesty [AC/2001/021].

PAC/ANC conflict

247. The Amnesty Committee received applications from four PAC members relating to offences committed in the course of localised conflict between members of the PAC and the ANC.

248. PAC member Sonnyboy Johannes Sibiya [AM3381/96] applied for amnesty for the killing of Mr Vusumuzi Ephraim Dhludhlu at eMzinoni, Bethel in the Transvaal on 17 October 1992. He was convicted and sentenced to 15 years’ imprisonment.

249. Sibiya testified that he joined the PAC task force in 1991. He described his duties as the protection of PAC members and their homes. Soon after this, he was sent to the then Transkei for basic training under the auspices of APLA. After a short stay at Folweni near Durban, he was deployed to eMzinoni.

250. Sibiya described a situation of ongoing political conflict between PAC and ANC members in the area. He related a number of incidents in which people were killed, homes burnt and people forced to leave the township. He said that he took steps to try to report the problems caused by this conflict to APLA’s Director of Operations, but was unable to contact him. He managed to get in touch with ‘Mandla’, APLA’s regional commander for the Highveld area. He met with him in Embalenhle and, after explaining the situation to him, receive d orders to identify the ANC ringleaders and attack them in order to prevent further attacks on PAC people.

251. By the night of 15 October 1992, Sibiya had gathered sufficient information and went out in search of the ANC ringleaders. However, it was not until 17 October 1992 that he located Dhludhlu and another person in a shop. Both, he claimed, had been identified as ANC culprits. He testified that he called Dhludhlu over to him and, after trying to negotiate and reason with him, shot him dead.

252. Some years before, Dhludhlu had been a suspect in an attack on Sibiya’s uncle’s home, which resulted in the death of three members of his family. Sibiya, however, denied any suggestion that he had been motivated by feelings of revenge against Dhludhlu. Further to this, a member of the National Executive Committee (NEC) of the PAC, Mr Jabulani Khumalo, testified that there had been conflict between the PAC and ANC in the area from 1990 until 1992/93. He said that this conflict affected a number of areas, including eMzinoni. He was aware that APLA cadres were deployed in those areas where attempts at negotiation had failed to prevent further conflict. He said he had knowledge of these matters because he had been a PAC leader in the East Rand at the time.

253. The Committee accepted that Sibiya had acted on behalf of and in support of the PAC in the context of the conflict with the ANC and his conduct was held to be an act associated with a political objective. Satisfied that he had made full disclosure of all material facts and did not appear to have acted for personal gain, personal malice, ill-will or spite, The Committee granted Mr Sonnyboy Johannes Sibiya amnesty [AC/1998/0052].

 
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