DECISION
Applicant applies for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act") in respect of an incident which occurred on 13 November 1985 in Pabellelo township, Upington, when Lucas Tshendo Sethwala, a 24 year old Municipal policeman was killed by a group of residents of the township, including Applicant.
Applicant has conducted the application in person and some of the family members of the deceased including his mother, Mrs Beatrice Sethwala, are attending the hearing. They have indicated through Adv. Steenkamp, the leader of evidence, that they do not wish to oppose the application but are attending to listen to the evidence of Applicant.
Applicant testified that in the light of the numerous socio-economic and political grievances of the Pabellelo community a meeting was held in the community on 11 November 1985. This meeting led to unrest and upheaval in the community and violent conflict with the police. This situation prevailed for a few days. On 12 November 1985 at a preliminary meeting with a police officer, Captain Van Dyk from Kimberley, it was agreed that a mass meeting will be held on the soccer field in the township between the community and the police.
A large number of Pabellelo residents arrived for this meeting but was given orders to disperse by a police officer other than Captain Van Dyk. The people refused to disperse. The police fired teargas and rubber bullets at the people who started throwing stones at the police as they were dispersing.
The applicant was in a group that was running towards the house of the deceased. As the group approached, the deceased fired some shots which struck a child. This incensed the Applicant.
Applicant saw the deceased leaving his home, disarmed and assaulted him. Soon more people caught up with the deceased and continued the assault, eventually pouring petrol over the deceased and setting him alight. The deceased died in the incident .
Applicant and a number of other people were tried and 14 of them convicted in a well publicised Supreme Court trial. Applicant was sentenced to death which was substituted on appeal with 10 years imprisonment. Applicant was released on 6 January 1992 in terms of indemnity granted to political offenders.
Having considered the evidence and all the material placed before us, we are satisfied that the incident constitutes an act associated with a political objective and that the
Applicant has made a full disclosure of all relevant fact as required by the Act.
In the circumstances, Applicant is
GRANTED: amnesty for the murder of the deceased on 13 November 1985 in Pabellelo township, Upington.
In our opinion Mrs Beatrice Sethwala of 405 Pilane Street, Pabellelo, Upington, is a victim in relation to the incident and the matter is referred to the Reparation and Rehabilitation Committee for consideration in terms of the provisions of Section 22(1) of the Act.
In conclusion, we wish to reiterate the views expressed by the Panel that it appears to be in the best interests of all parties, and the Pabellelo community, that concrete steps be taken to effect a reconciliation amongst all parties who were involved in this incident either as perpetrators, accused or victims. We are encouraged by the willingness expressed today by Applicant and Mrs Sethwala to work on this important issue.
SIGNED ON THE 24TH DAY OF MAY 1999.
JUDGE DENZIL POTGIETER
MR WYNAND MALAN
ADV LEAH GCABASHE
