DECISION
The applicant in this matter has been charged with and seeks amnesty in respect of two charges of attempted murder. He has been convicted on one count and the trial on the second count is proceeding. The charges against him were:
(a) On 13 October 1991, at or near Guguletu in the region of the Cape, he did wrongfully and unlawfully assault Mdimpiwe Ntekiso by shooting him with a firearm, with the intention to murder him;
(b) On 27 October 1991, at or near New Crossroads in the region of the Cape, he did wrongfully and unlawfully assault Eric Xeketwana by shooting at him with a firearm with the intention to murder him.
The applicant was a member of Umkhonto weSizwe (MK) and of the African National Congress (ANC) and had been a Cell Commander of Umkhonto weSizwe. He received military training outside the country and returned to South Africa in 1991 with other exiles who received indemnity at the time. He gave evidence that he and a number of other persons in a similar position were told by Chris Hani, the former Chief of Staff of Umkhonto weSizwe that they should form Self Defence Units in the communities in which they lived. Reference to the further submissions made by the African National Congress on 12 May 1997, at page 30 confirms that:
"SDU's were established in communities under attack as a joint project between the ANC and the community concerned. It should also be noted that the legitimacy of SDU structures were recognised in terms of the National Peace Accord."
He gave evidence to the effect that the acts he committed were committed as a member of the SDU and he accordingly falls, in our view, within the provisions of Section 20(2)(d) and (f) of the Promotion of national Unity and Reconciliation Act (hereinafter referred to as the Act).
He further explained that the offences he committed related firstly to an attack on a police van by members of the SDU. The attack was committed for the purpose of stealing weapons from the police which could thereafter be used by SDU's in safeguarding the community. He explained how he and his other companions, who were armed with a shotgun and a handgun, he being armed with a R4 rifle, shot at the police van but that it just ran through them and proceeded on its way. He later heard that one of the policemen had been injured.
The second attack was launched on the house of Eric Xeketwana who he had been told was an active participant in a taxi war which was causing great unrest and distress in the community. The decision to attack the house was taken by the New Crossroads African National Congress Youth League in consequence of a decision which had been taken by a unit of the Youth League. He was not present when the decision was taken. The purpose behind the attack was to drive Eric Xeketwana out of the community, not to kill him. he ag reed that the weapons used could have penetrated the building which comprised mainly corrugated iron and that they foresaw the possibility that people could have been injured. He explained that this also fell under the instruction given by late Chris Hani to protect the people and that the taxi wars in which the victim was engaged, was damaging the people in the community.
Having regard to the evidence given by the applicant, and the nature of the offences involved we are satisfied that the application complies with the requirements of the Act and that the offences to which the application relates, are acts associated with a political objective committed within the conflicts of the past as required in terms of the provisions of Section 20(1)(a) and (b) of the Act.
The victim, Mr Eric Xeketwana was present at the hearing and informed the Committee that he wishes to question the applicant. He informed the applicant, whom he had not met before, that he was happy to see him and that there was peace in his heart. He asked him questions as to why his house had been destroyed and the applicant explained that he had not been present when that was done. The victim then said that the battle was over and that he wanted to shake the applicant's hands and they duly met before the committee and proceeded to shake hands.
We are satisfied on the evidence we have heard and on the papers before us, that the applicant is entitled to amnesty as required and we accordingly
GRANT HIM AMNESTY: in respect of the two counts of attempted murder detailed above. That is in respect of the attempted murder of Ndimpiwe Ntekiso (who was a passenger in the police vehicle) on 13 october 1991 and in respect of the attempted murder of Eric Xeketwana on 27 October 1991.
SIGNED IN CAPE TOWN ON 20th DAY OF MAY 1997.
(Signed)
MALL, J
WILSON, J
MS S. KHAMPEPE
