DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act").
The applicants are facing prosecution in terms of Section 32 (5)(a) read with Section 32 (1)(c) and 39 of Act 76 of 1969, in that they are alleged to have had knowledge of a MPM limpet mine in possession of Vuyani Namba and failed to report or cause to be reported to a policeman.
The applicants were at all material times members of the Pan Africanist Student Organisation (PASO) and Mgengo was also a cadre of the Azania Peoples Liberation Army (APLA), the student formation and military wing of the Pan Africanist Congress of Azania (PAC) respectively.
The applicants testified and it was common cause that Vuyani Namba was also a cadre of APLA. Mgengo had introduced Namba to the other two in this capacity. It was also common cause that Mgengo and Namba had received instructions from Sichumiso Simphiwe Nonxuba one of the APLA commanders based at Umtata to assist Namba in a mission which entailed the bombing by limpet mine of either the Umbilo or Brighton Beach Police Station.
It was further common cause that on 30th November 1993 and at Durban, Cuba and Seyisi accompanied Namba by bus on the mission to the Umbilo Police Station and that the limpet mine exploded prematurely aboard the bus killing Namba and injuring them and other passengers.
It is clear that all the applicants acted in pursuance of a political objective which was within the bounds of the policies and strategies of the PAC, APLA and PASO. It was not their intention to cause injury to the people on the bus and the limpet mine appears to have exploded accidentally. The applicants did not act out of ill will, spite or malice nor for personal gain. In spite of certain contradictions we are satisfied that the applicants have made full disclosure. None of the victims who were present opposed the applications.
Having considered the matter the Committee is of the view that the applicants have satisfied the requirements of the Act and are
GRANTED: amnesty for the offence in terms of Section 32 (5) (a) read with Section 32 (1) (c) and 39 of Act 76 of 1969, in that on 30th November 1993 and at Durban, they are alleged to have had knowledge of a MPM limpet mine in the possession of Vuyani Namba and failed to report or cause to be reported to a policeman and any delicts which may flow therefrom.
The following persons are found to be victims and are accordingly referred to the Reparation and Rehabilitation Committee in terms of Section 22(1) of the Act :
Usararah Meyer;
Andrienne Rodgers;
Sarie Hunt;
Kalonji Kalanboa;
Kanjinga Tshilumbu;
Liso Maphumulo;
Andrie Coetzee;
the relatives or dependants of the late Grace Mkhize;
Msuthelwa Bernard Dlamini;
Tshivuadi Labilang;
and Merlene Carol Dalgleish.
SIGNED PINETOWN ON THIS 23 DAY OF OCTOBER 1998.
JUDGE S MILLER
MR J B SIBANYONI
MR J LAX
