DECISION
This is an application 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").
All four Applicants are members and/or supporters of the African National Congress ("ANC"). The first Applicant, Patose, is also a member of the South African Communist Party ("SACP"). The third Applicant, Hlongwane, is also a supporter of the ANC's Youth League.
They apply for amnesty in respect of the attempted murder on Johannes Selai (the victim) committed on 26 July 1992 in Vanderbylpark. They were all arraigned before the Vanderbylpark Regional Court and convicted of attempted murder. The first, second and third Applicants were sentenced to 7 years imprisonment whilst the fourth Applicant was sentenced to 5 years imprisonment. They subsequently appealed against their conviction and the appeals were dismissed.
Both the Applicants and the victim resided at Boipatong at the time the incident took place.
Evidence was given before the Committee that there was conflict and acrimony between the inmates of KwaMadala hostel situated next to Boipatong township who were IFP members and supporters and the residents of the township who were predominantly ANC members and supporters. The conflict culminated in the incident during March 1992 which became known as the Boipatong massacre when inmates from the KwaMadala hostel attacked the Boipatong residents.
Concerning the day of the attempted murder on Mr Selai i.e. 26 July 1992, the fourth and the second Applicants testified that during the evening they were at Checkers Tavern as part of their duties to patrol and monitor the township to guard against possible attacks by the IFP. They heard gunshots fired from outside the Tavern. Immediately Selai appeared and stood next to the door and ordered all the people in the Tavern to go out one by one. The third and the first Applicants were not at the Tavern but at their respective homes when this happened.
All the Applicants testified that they then noticed a group of people at the Tavern with Selai who had been captured and was being interrogated and assaulted for having assisted the IFP in terrorising the community. The fourth Applicant stabbed Selai on his hand with a knife. The second Applicant hacked Selai with a panga and participated in dousing him with petrol. The third Applicant hacked him several times with a panga. The first Applicant hit the victim with fists and kicked him.
The crowd then doused the victim with petrol and set him alight. Immediately thereafter the police and the army arrived. They dispersed the crowd and rescued the victim. He survived the intended murder on him.
In considering whether the Applicants have complied with the requirements of the Act, and specifically relating to the completion of the form, it is common cause that it appears that the Applicants seem to be disassociating themselves from the attempted murder on the victim. However they gave a satisfactory explanation for doing that namely that they did not have legal assistance but were assisted by the police in Vanderbylpark in completing the forms; that they did not trust the police and that they suspected that the police would convey the contents of their application forms to the IFP.
The Committee is also satisfied that the attempted killing of the victim was politically motivated in view of the prevailing political situation between the ANC and IFP at the time in the Vaal Triangle.
There is no doubt in the mind of the Committee that all four Applicants have made full disclosures of the relevant facts.
After the conclusion of the hearing, the evidence leader placed on record that the victim, Mr Selai, had arrived at the hearing and that he was late due to some misunderstanding. The victim testified after the matter was recalled. His evidence was contradictory in nature and seemed to be influenced by certain ill-feelings between him and the Applicant, Mr Patose. He indicated that he is not opposing the applications of the other Applicants. We are not satisfied that the version of Mr Selai detracts from the evidence of the Applicants.
In the result the Committee finds that the Applicants are entitled to amnesty and accordingly they are GRANTED amnesty for the attempted murder of Johannes Selai on the 26th July 1992 at the Checkers Tavern, Boipatong in the Magisterial district of Vanderbylpark.
The Committee is of the opinion that Johannes Selai is a victim and the matter is referred to the Reparation and Rehabilitation Committee for its consideration in terms of the provisions of Section 22 of the Act.
Dated at Johannesburg this
: day of NOVEMBER 1999.
Judge D. POTGIETER
Mr J.B. SIBANYONI
Mr I. LAX
PANEL: Potgieter, J.; Mr J.B. Sibanyoni; Mr I. Lax
EVIDENCE LEADER: Ms L. Mtanga
DATE & VENUE: 10 November 1999
Jiss Centre, JOHANNESBURG
LEGAL REP. FOR APPLICANTS: Mr B. Kopedi
Mohlaba & Moshoana
21st Floor, SAAU/SALU Building
cnr. Andries & Schoeman Streets
PRETORIA
Tel.: (012) 3289966
Fax No.: (012) 3264715
VICTIM: Mr Johannes Selai
