DECISION
The applicants apply for amnesty in respect of an incident at the Wild Coast Casino, Mzamba on 18 April 1986, when they caused two limpet mines to explode in one of the public toilets resulting in certain death, injuries and damage to the complex.
They were tried in the Transkei Supreme court and convicted of the following offences:
(a) two counts of Murder;
(b) one count of Terrorism.
They were initially sentenced to death, which sentence was later commuted to 18 years imprisonment in terms of the general amnesty granted to political prisoners in February 1990.
Three victims participated in the proceedings viz.:
1. Mrs Margaret Ntakana, mother of the late Bhekinkosi Ntakana, who was 12 years old, and visiting the complex at the time. He was an inhabitant of the surrounding area;
2. Jessie and Tanya Hudson, the daughters of the late Thomas Hudson, a visitor to the hotel at the time;
3. Lillian Dlamini, mother of the late Wilfred Dlamini, who was the caretaker at the hotel.
According to the Applicants they were members of Umkhonto weSizwe ("MK") and had committed the deed on the instruction of their then commander, the late Mazizi Maqekeza. The objective was to demonstrate the ability of MK to retaliate to actions against its members and followers by the South African security forces pursuant to a raid in Lesotho at the beginning of 1986.
They also had orders to render South Africa ungovernable and to target all institutions which are regarded as extensions of the oppressor. The casino in question fell into this category.
They reconnoitred the casino before the attack and concluded that the toilet in question is the most suitable place to cause the explosion without exposing too many persons to injury. They reconciled themselves to the possibility of death or injury resulting from the explosion.
They placed the limpet mines in the toilet and set the mines to detonate 3 hours later i.e. between 22-23h00. This was regarded as a time when there would be the least passibility of the toilet being frequented by patrons of the complex.
They departed before the explosion and subsequently read about it in the newspaper.
None of the victims seriously opposed the application and we have no reason to doubt the version of the Applicants. In fact, both the Hudson family and Mrs Ntakana have indicated during the proceedings that they accept the apologies of Applicants, are prepared to forgive them and do not oppose the applications.
We are satisfied that the act was committed by Applicants in their capacity as MK operatives, on the instructions of that organisation. The act is accordingly associated with a political objective as envisaged in Section 20 of Act 34 of 1995. We are also satisfied that Applicants have made a full disclosure.
Applicants are accordingly
GRANTED: amnesty in respect of the offences set out earlier in this decision i.e.two counts of murder and one count of terrorism.
In our opinion the persons referred to above as well as:
1. Martha Johannes Jacomina Boshoff; and
2. Wieslaw Stefan Nowak, are victims in relation to the said act and they are referred to the Committee on Reparation and Rehabilitation for consideration in terms of Section 22(1) of the Act.
In conclusion it has to be pointed out that this incident is a stark reminder of the price that many innocent people paid for the eventual solution of the political problem and conflict in our country.
It is encouraging to have noted the positive attitude adopted by the victims in this matter and the reconciliation that has been effected through this process. Although there has been no direct mention of Mrs Dlamini in this regard, we hope that she would find it possible to forgive the Applicants and find some peace of mind in spite of the tragic loss of her son, who ought to have been a beneficiary and not a victim of the action of the Applicants.
SIGNED ON THE 26TH APRIL 1999.
JUDGE DENZIL POTGIETER
ADV FRANCIS BOSMAN
ADV NTSIKI SANDI
