DECISION
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The applicants apply 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 the following incidents:
1. The killing of a male person, "Disco", on or about New Year's Eve, during 1981 at SS Unit , Mamelodi;
2. The killing of Filipos Matlheri Selepe, a member of the Security Branch of the then SAP, during or about November 1983 in Mamelodi.
Both Applicants testified and the members of the family of the late Mr Selepe attended the hearing. They indicated that they did not wish to oppose the applications.
The facts, which are undisputed, are briefly that Second Applicant ("Mnisi")and his immediate commander, Isaac Moema, both members of Umkhonto weSizwe ("MK"), infiltrated into South Africa during 1980 and was captured by the Security Branch through the help of askaris and taken to Vlakplaas police farm to join the unit under the command of Dirk Coetzee. They somehow manage to maintain contact with their Regional MK Command in Maputo, who ordered them to obtain as much information as possible before fleeing from Vlakplaas. It soon became apparent that they were being kept under surveillance by the Security Branch, which would complicate their escape.
The deceased in the first incident, "Disco" , who was a police informer was responsible for surveiling them. On instructions from the Regional Command, they had to eliminate "Disco" to facilitate the escape. It was decided not to use firearms but rather to stab " Disco". Eventually " Disco" was pointed out to Mnisi who stabbed and killed him.
Mnisi was arrested for the murder but was taken into the care of Coetzee and they continued with the Vlakplaas activities. On one such operation Isaac Moema was removed by Vermeulen, a Vlakplaas member, and Mnisi never saw him again. Mnisi managed subsequently to escape to Swaziland and thereafter to Maputo.
Pursuant to instructions from MK Regional Command, Mnisi, was to effect the elimination of Mr Selepe, a member of the Security Branch. He proceeded to do so during November 1983 when he shot and killed Mr Selepe as the latter was walking towards his house in Mamelodi.
First applicant ("Simelane" ) testified that he was at all material times the Regional Commander of MK Special Operations based in Maputo. He had given the orders to eliminate the two deceased to Mnisi 's unit. He in turn reported to and received his orders from the late Mr. Joe Slovo.
Having carefully considered all of the evidence and material placed before us as well as the argument submitted on behalf of the Applicants, we are satisfied that the incidents constitute acts associated with a political objective as defined in the Act and that Applicants have made a full disclosure of all material and relevant facts.
In the circumstances the Applicants are granted amnesty for the killing of " Disco" and Mr Filipos Matlheri Selepe as set out above.
We are of the opinion that Kgomotso Ezra Selepe of 214A Mamelodi West, is a victim in relation to the killing of Mr Selepe and the matter is referred to the Reparation and Rehabilitation Committee for consideration in terms of the provisions of Section 22 of the Act.
DATED at PRETORIA this day of JUNE 1999.
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JUDGE DENZIL POTGIETER
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ADV. CHRIS DE JAGER
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ADV. LEAH GCABASHE
