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 offences for which amnesty is sort were committed in the course of five incidents which were, for convenience, referred to as:
1. The Claremont Steak Restaurant Attack.
2. The Khayelitsha Railway Station Attack.
3. Cross Roads Police Attack.
4. The Khayelitsha Police Vehicle Attack in Zola Budd Road.
5. The Gugulethu Police Vehicle Attack at NY108. In Gugulethu and Klipfontein Road.
WALTER THANDA
He is a member of the PAC and was a trained APLA operative. He established an APLA base in Cape Town and started a task force unit to provide military training to new recruits. His commander was Mandla who was a member of the APLA high command. His orders from Mandla were to select suitable targets for attack and where ever possible, he was to disarm the enemy and use these arms for further APLA operations. Towards the end of 1992, he got together with Makoma, Matura and another who's name was not given. He handed an AK47 to Makoma and the unnamed person while he and Matura were armed with R4 rifles. They proceeded to Zola Budd Road in Khayelitsha. He positioned Makoma on the site C end of the road and the other person was positioned on the Khayelitsha end of the road while he and Matura took up a position in the middle of the road where they waited until a police van arrived. After a while a police van appeared from the Khayelitsha end of the road and when it got close to them, he and Matura opened fire on it. Thanda said that after having fired about three rounds his rifle locked. The police van got away and Thanda and his companions retreated to their "check point". To his knowledge, no one died in the attack and he did not know whether any of the passengers of the van were injured.
On the night of the 12th January 1993, Thanda and one Scorpion armed with R4 rifles drove to Gugulethu with the intention of attacking a police vehicle. They parked their car at a convenient spot and took up position on the side of the road.
Sometime later they saw a police van on road NY108 travelling in the direction of Crossroads Police Station. When it neared the T-junction formed by NY 108 and Old Klipfontein Road, Thanda opened fire on it as it approached, and he continued firing at it as it sped away. Sergeant Johannes Meyer who was the driver of the van gave evidence about shooting. He said that his companion Constable Mkwanazi was shot in the head and died of his injuries before he could be taken to hospital. He himself was shot in his chest. As a result of his injuries he was hospitalised for several weeks and thereafter he had to receive physiotherapy and psychological treatment.
On the night of 8th September 1992, Thanda planned to waylay policemen on a road near the Cross Roads Police Station. He was accompanied by Graeme and Simon who were both PAC members. Thanda and Simon were armed with AK47 rifles whilst Graeme had a handgrenade. Simon and Graeme took up positions behind Thanda to provide cover for him. After a while Thanda saw two policemen walking along the road and when they were in front of some shacks, Thanda shot and killed them. Before they could search their victims for their firearms, the lights of an oncoming mini-bus shone in their direction causing Thanda and his companions to retreat hastily. The evidence showed that the two people who had died that night were Patrick Tutu and Peter Dyani. One of them was a policeman, and the other was an employee of Spoornet. Thanda was not prosecuted for any of the above offences.
He was subsequently convicted of murder, attempted murder and possession of firearms and ammunition arising from an attack on the Crazy Beat Disco in Newcastle on the 14th February 1994.
In respect of this attack, he Andile Thiceka and one Bongani Malevu were granted Amnesty on the 3rd June 1998.
ANDILE SHICEKA
He was a member of APLA and had received military training while in exile. He applied for amnesty for his participation in the attack on the Claremont Steak Restaurant and the Khayelitsha Train Station Attack. Towards the end of 1992, he and some of his companions heard that there were a number of policemen at the Khayelitsha Train Station. They talked about a possible attack on the policemen with a view to disarming them of their weapons. Later that night, he accompanied by DK, Shona and Chicken Licken armed with R4 rifles and an AK47 went to the station. They came to a room which they believed was occupied by policemen. The door of the room was closed. Shiceka and DK opened fire. There was evidence that some body from within the room returned the fire. This caused the applicant and his companions to leave.
Mr Sihlalu Mtamzeli gave evidence. He said that at the time of the attack he and Jan Bambo, Cosmos Bhekumuzi, Jackson Jayiya, Sandeile Ntshica and Jerry Nkobezekwa were in that room. They were employees of Springbok Security Company whose task it was to protect Spoornet property. He said that as a result of the shooting John Bambo died. He did not know who the attackers were, nor did he know why they were shot at. According to Shiceka the operation had proved unsuccessful, as they were unable to recover any arms from their victims.
On the night of 26 December 1992 Shiceka and one Scorpion armed with R4 rifles proceeded to the Steaks Restaurant in Claremont. They stood at the door and fired several shots into the restaurant and only stopped when their magazines were empty. The patrons in the restaurant were white people. Fortunately no one was killed. According to the Affidavit of Amanda Warner, who was employed as a waitress, Mr Malcolm Visser the owner of the restaurant was seriously injured. The other persons who were injured were Lizette Theunissen, Dennis Smith, Jason Collie and Ilan Williams. Miss Warner said that she suffered severe emotional trauma.
In the four operations briefly described above, the applicants believed that their attacks were directed against policemen who, as part of the security system of the previous government were regarded as the enemy of the people. The attack on the Steak Restaurant in Claremont was aimed at the white civilian population. The committee had in previous hearings received evidence about such attacks. They said that these attacks were not motivated by malice or hatred of white persons, but whites were targeted because APLA regarded all white persons to be political oppressors of the African masses. The purpose of the attack on white civilians was to exert pressure on the apartheid government to be about a change in the country.
Shiceka was not prosecuted for these offences.
GCINIKHAYA MAKOMA
Makoma has applied for amnesty for his participation in the attack on the police vehicle on Zola Budd Road. Although he was armed with an R4 rifle and accompanied Thanda and Matura on that occasion, his role was merely to give the signal to Thanda of the approaching police vehicle. He was not involved in any of the other offences. It is on record that Makoma has been granted amnesty in respect of his participation in the attack on the St. James Church, when a number of people were killed and many injured.
At the conclusion of the evidence, Adv. Warner who appeared for Amanda Warner addressed us. He conceded that the evidence disclosed that the offences committed by the applicants were indeed associated with a political objective and were committed in the course of the conflicts of the past. He conceded that the applicants held no personal malice or grudge against the victims of the attack and that they were in fact engaged in the liberation of the African people from white oppression.
Having considered all of the evidence and submissions made to us, we have come to the construction that the applicants are entitled to amnesty as follows:
WALTER THANDA: is
GRANTED: amnesty for
(i) The killing of Jan Bambo;
(ii) The attempted murder of Cosmos Bhekumuzi, Jackson Mjayiya, Sandisile Ntshica, Sihlanu Mtamzeli, and Jerry Nkobezekwa.
(iii) The murder Peter Dyani and Patrick Tutu.
(iv) The murder of Constable Mkwanazi.
(v) Attempted murder of Sergeant Johannes Meyer.
ANDILE SHICEKA: is
GRANTED: amnesty for
(i) The attempted murder of Malcom Visser, Lizette Theunissen, Dennis Smith, Jason Collie, Allen Williams, and Amanda Warner.
(ii) The murder of Jan Bambo;
(iii) The attempted of murder Cosmos Bhekumzi, Jackson Mjayiya, Sandisilie Ntshica, Shilanu Mtamzeli and Jerry Nkobezekwa.
GCINIKHAYA MAKOMA
His involvement in the attack on the police vehicle on Zola Budd Road did not result in injury to anyone. He was however, in possession of an R4 rifle and he is
GRANTED: amnesty for unlawful possession of a firearm.
In terms of section 22 (1) of the Act, we hereby declare the dependence of the various deceased persons and those who were injured as victims. Mr Zuko Mapmo the Leader of Evidence will furnish the R & R Committee the particulars concerning these people.
SIGNED ON THIS THE 4 DAY OF DECEMBER 1998.
JUDGE H MALL
DR. W M TSOTSI
ADV. N J SANDI
