DECISION
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This is an application for amnesty by Peter Maluleka, a former member of uMkhonto weSizwe (MK), the then military wing of the African National Congress (ANC). The application is for damage to the property and unlawful possession of a "super" limpet mine in contravention of the Explosives Act. Presently he is the Chairperson of the Executive Committee of the Greater Pretoria Metropolitan, and is also chairperson of the ANC in the Pretoria Region.
Briefly, on the 15 April 1988 the applicant placed a limpet mine at Church Street next to Van Aswegen's Store in Pretoria. He timed the device to explode in a matter of minutes. When the device exploded it caused damage to the Van Aswegen's Store building and other enterprises in the vicinity, namely Uithou XT9; Renault Bicycle Shop; Jaka Foam and Lion Bridge.
The applicant says in carrying out the operation he was acting on the orders of the commander, Odeille "Mainstay" Maponya who died on the same day whilst trying to execute another limpet mine explosion which prematurely went off. A few minutes before that the two had met and decided that they would select suitable targets in the Pretoria CBD area. They then went in different directions, each one to carry out his own operation. When Maponya's explosive went off and killed him, the applicant panicked. He says he decided to "get rid" of the explosive by planting it near Van Aswegen Store. He could not afford to be arrested by police who were going up and down the area in reaction to the Maponya explosion. No person was killed in both explosions. The applicant also says he had received training on explosives from Maponya and Rodney Abraham Moeketsi Toka (AM6034/97) who has applied for amnesty for separate actions. The explosions were intended to make a political statement of ANC presence in the country, and to spearhead its armed propaganda to instil fear in and to demoralise the security forces of the previous government.
Having regard to the evidence as a whole, the Committee is satisfied that the applicant has complied with the requirements of the Act. It is clear that he was acting for the ANC and MK, of which he was a member. He also had an order to do what he did.
There is no indication that he has not given a full disclosure. Amnesty is accordingly GRANTED for damage to property in Church Street, Pretoria in the vicinity of the premises then occupied by Van Aswegen's Store on the 15th April 1988 and unlawful possession of a "super" limpet mine on the date mentioned.
Signed at Cape Town on this......... day of ...................... 1999.
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JUDGE S. MILLER
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ADV. DE JAGER S.C.
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ADV.N.SANDI
