DECISION
The Applicant applies for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act"), as amended, in respect of a series of acts committed during the period 1993 - 1994 in the then East Rand, that constitute the following offences:
1. Two counts of arson and in the alternative, malicious damage to property with respect to House No. 256 and House No. 156 in Ngema Section, Katlehong;
2. Murder and in the alternative, attempted murder with respect to the incident at Mshayazafe Hostel in Thokoza on or about 17 April 1994 when attacks were launched on IFP members or supporters;
3. Malicious damage to property with respect to the demolition of burnt houses in Hlongwane Section, Katlehong;
4. Unlawful possession of a R4 rifle;
5. Unlawful possession of an unknown quantity of ammunition that could be discharged from a R4 rifle;
6. Unlawful possession of an AK47 rifle;
7. Unlawful possession of an unknown quantity of ammunition, which ammunition could be discharged from an AK47 rifle;
8. Unlawful possession of pistols and revolvers;
9. Unlawful possession of an unknown quantity of ammunition that could be discharged from pistols and from revolvers.
10. Sabotage, in the alternative, malicious damage to property with respect to the damage occasioned to the railway line and train coaches at or near Hlongwane Section;
11. Murder, in the alternative, attempted murder of commuters travelling on the train between Hlongwane, Ndlanzi and Kwesine;
12. Malicious damage to property with respect to a police van parked at Dawn Park cemetery during the funeral of the late Chris Hani;
13. Any statutory offences relating to the repealed Police Act No. 7 of 1985 arising from the incident referred to in paragraph 12;
14. Unlawful possession of a tear-gas pistol stolen from the police van referred to in paragraph 12;
15. Any statutory offence relating to the Arms and Ammunition Act arising from the incident referred to in paragraph 12;
16. Public violence relating to the incitement to burn Houses No's 256, 61 and 156 at Ngema Street and the stoning of the police vehicle.
A point raised by Applicant in limine was that of not having duly signed his application form before a Commissioner of Oaths. Applicant confirmed that he had completed and signed his application form and submitted that his application should be considered as duly completed though not signed by a Commissioner of Oaths. The Committee considered this matter and duly agreed that the application for amnesty should proceed.
SUMMARY OF THE EVIDENCE
Applicant testified that he was at all material times during 1993 to 1994 (the period of his participation in the political conflict that engulfed the East Rand and in particular the township of Katlehong where he resided) a member of the African national Congress ("ANC"). He was a member of the Self Defence Unit ("SDU") that operated in Hlongwane Section, which section was renamed Tanzania Section, Zone 4, Katlehong. His SDU operated under the command of one Josiah Sangweni. He pointed out, however, that members of the Unit were expected to use their own initiative in response to the rapid changes in the political conflict of the time.
From his early days as a student at the local school, the aggravated political climate between the ANC and Inkatha Freedom Party ("IFP") supporters dominated the lives of the residents and in particular young persons like himself. They witnessed the killing of residents by what came to be known as hit squad tactics, often woke up to find dead bodies at various places in the townships and were often witnesses to the destruction of residents houses by members of the IFP. This led to the Applicant and many of his school mates arming themselves with illegal pistols and other firearms, all in the quest to protect not only themselves but also the members of their community. This resulted in these youth forming and joining the SDU's.
These factors resulted in the Applicant, amongst others, deciding to burn down House No. 256 in his street. The house was owned by one Mr Zwane, whom Applicant had never seen at the house and who let the house to tenants. These tenants were known to be IFP members, who were often seen attending IFP rallies and overtly supporting that political organisation. In particular, the Applicant and those with him had hoped to find two persons, i.e. one Okkie and one Bazooka who were IFP members at the house. These were the people who pointed out ANC supporters to IFP members and who had harassed the community in the past. They had intended to kill them, if they had found them. The two were not at House No. 256 and in their anger at not finding them, the crowd that Applicant was a part of, stoned the house and set it alight. The following day, the same group returned to burn the 6 to 7 shacks that had been built at the back of the property. The group saw this action as part of the general decision by the community to fight back against IFP attacks.
When Applicant heard that Bazooka had found accommodation at No. 156 Ngema Street, he and a crowd went there to try to find Bazooka. Again Bazooka was absent. The crowd, including the Applicant, decided to remove and burn all Bazooka's personal effects that had been in the shack that he had been occupying.
Applicant's further testimony was that he, with others, decided sometime in 1993, to disarm a policeman, by the name of Dumisani Nkosi, who lived at No. 61 Hlongwane Section. When they arrived at that house, they found that the occupants appeared to have fled, leaving only the larger items of furniture in the house. In one of the outside rooms, an IFP membership card and few IFP T-shirts were found. When the angry crowd were shown these items by the Applicant, they burnt the house and the outside rooms.
The next incident related to the destruction of houses that had been burnt. Criminals used these houses to hide in and as places from which to pounce on residents and mug them.
Applicant participated in the demolition of these houses.
On the 17th April 1994 Applicant was one of the SDU members who was asked to respond to the call for assistance from members of the Thokoza SDU's who were engaged in a major battle with the IFP supporting residents of the Msayazafe hostel In Thokoza. During this defensive attack, Applicant first used his unlicensed AK47 then a R4 rifle that did not belong to him. At the end of the fight, he appropriated the R4 and took it back to his section.
The next series of incidents Applicant testified about concerned the train that passes his section on its way from Germiston Station to Kwesine Station. The last station that this train stopped at on its way from Germiston to Kwesine was called Pilot Station. Thereafter, the railway line passed adjacent to the ANC stronghold of Nhlanzi and Hlongwane Sections. IFP members and supporters who travelled that final lap between Pilot Station and Kwesine, whether going to or from Germiston, would shoot at the residents of Nhlanzi and Hlongwane and often threw ANC supporters' bodies off the train at this point. In retaliation and as part of their own offensive, the SDU's of these ANC strongholds decided to derail the train and shoot back at their attackers. One railway line was damaged and at a later stage the second was sliced using a cutting torch which resulted in 2 coaches of a train bound for Kwesine Station being derailed. This allowed an opportunity for the SDU's to attack the commuters who had fired at the ANC areas from the train. When the opportunity arose to burn the two coaches that had been derailed, Applicant was one of those who poured petrol over them and set them alight.
The final incident centred around the funeral of the late Chris Hani. Applicant and other members of the SDU's were amongst the mourners at the Dawn Park cemetery, when they came across a police van. They pelted it with stones until it came to a halt. When the policemen in it ran away, Applicant searched the vehicle and found a tear-gas gun which he appropriated. The van was then set alight.
Applicant's concluding testimony was that all the firearms that he still had in his possession at the time a call was made for such arms to be handed in, were handed in by himself.
CONCLUSION
All these acts, Applicant submitted, were done in his capacity as a member of the SDU. The actions were offensive in nature as the community sought to defend and protect itself from the onslaught of political violence that had the entire East Rand in its grip. Applicant submitted, therefore, that not only was there ample political motivation for their actions, but that such actions promoted the aims and objects of his political party.
On the question of full disclosure, Applicant argued that he had not killed any specific person whom he could identify. He had, however, at various times, used either his pistol, AK47 or the R4 rifle, amongst other weapons, wither offensively in an effort to prevent further attacks on the members of his community, or defensively when under attack. His opponents were always either members and/or supporters of the IFP and/or members of the security forces who were perceived as siding with the IFP, overtly and covertly.
The Committee is satisfied that there was no personal malice or ill-will in the actions that Applicant took against the opponents of the Katlehong community nor did he gain personally from any of these actions. The Committee is further satisfied that there had been full disclosure of the material facts constituting the acts for which the Applicant seeks amnesty and that there was a political objective and the Applicant and his fellow SDU members sought to achieve.
In the premises, Applicant had complied with the requirements of Sections 20(1), (2) and (3) of the Act and is
GRANTED AMNESTY: for the incidents that constitute the offences set out under points 1 to 16 of page 1.
(Signed)
