DECISION
_
The Applicants are applying for amnesty in terms of the provisions 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 in the township of Katlehong on 18 April 1994. Pursuant to the incident the Applicants were charged in the Southern Transvaal Division of the Regional Court under case no. 3SH151/94 and convicted of attempted murder and the unlawful possession of arms and ammunition. Applicants were each sentenced to an effective 8 year term of imprisonment.
Applicants testified in support of the applications which are unopposed. The evidence indicates that both Applicants are members of the African National Congress ("ANC") and were at all material times members of the Self-Defence Unit ("SDU") of Katlehong. On the day before the incident, i.e. Sunday 17 April 1994 the Applicants and other members of the SDU were patrolling the township of Katlehong as part of their duties. The township was engulfed at the time by a violent conflict between members or supporters of the Inkatha Freedom Party ("IFP") and the ANC. Members of the SDU were charged with the responsibility of defending the township residents against attacks from IFP aligned groupings particularly the hostel dwellers. In order to effectively perform their duties, the SDU was armed with firearms that were bought from funds raised by the community.
After having completed their patrols Applicants and their co-members of the SDU returned to their camp where they were informed of a planned attack upon the township by the hostel dwellers. The following day i.e. Monday 18 April 1994, Applicants and the other members of the SDU proceeded to a piece of open ground where they would normally be able to cut off the access of attackers into the township. First Applicant was armed with a 9mm pistol and Second Applicant with an AK47 assault rifle. The other members of the SDU were also armed. They concealed themselves and after a short while they noticed two minibus vehicles approaching the township. They recognised the vehicles as belonging to IFP attackers. The group opened fire on the two vehicles and the occupants of the vehicles returned fire. While this gun battle was in progress, a police vehicle approached from the nearby Eden Park area. Applicants and their group also fired at the police vehicle. The police returned fire which made it difficult for the SDU members to cope with the gunfire from both the police and the occupants of the minibus vehicles. Applicants and their colleagues were compelled to retreat. The Applicants were subsequently arrested after the police, assisted by hostel dwellers and a helicopter, moved into the township.
No one was injured in the incident. The charge of attempted murder related to the attack upon the police. The armoured vehicle in which they were travelling was hit by some of the gunfire from Applicants' group.
Applicants did not benefit financially from the incident which occurred as part of their duties to protect the residents of Katlehong against attacks. They describe the prevailing situation as one of a war which they waged against the IFP in the area.
Having carefully considered the matter as well as the evidence presented in support of the applications we are satisfied that the actions of the Applicants constitute acts associated with a political objective as envisaged in the Act. The incident clearly formed part of the situation of political conflict which prevailed in the particular area which the Committee had occasion to deal with in a number of other decisions. This is also borne out by the evidence. There is no need in our view to deal with the matter in any greater detail. We are, moreover, satisfied that the applications comply with all of the other requirements of the Act.
In the circumstances amnesty is hereby GRANTED to the Applicants in respect of the following acts committed on or about 18 April 1994 at or near Katlehong :
1. Attempted murder;
2. Unlawful possession of arms and ammunition.
DATED at CAPE TOWN this ______ day of ____________ 1999.
_____________________________ _______________
Judge DENZIL POTGIETER Adv. N. SANDI
_____________________________
Adv. F. BOSMAN
