: DECISION
The applicant is currently serving a long term of imprisonment at Ncome Prison for the following offences:
1. The attempted murder of:-
1.1 Francois Dippenaar
1.2 S.P. Xulu
1.3 J.E. le Roux
1.4 H.D. du Plessis
1.5 D.R. Osborne
1.6 M.J. Nyembe
1.7 B.D. Gcabashe
1.8 M.H. Dlamuka
1.9 B.C. Madondo and
1.10 J.F. Ndlovu,
2. Unlawful possession of firearms and ammunition in contravention of Section 2 and 36 of the Arms and Ammunition Act 75 of 1969; and
3. A contravention of Section 5 of the Explosives Act 26 of 1956.
He was convicted and sentenced at the Pietermaritzburg Regional Court on 28 February 1994 and received an effective term of fourteen (14) years' imprisonment. He is now seeking amnesty. At the hearing he was the only witness to testify in support of his application. The application is being opposed on the ground that the offences committed were not politically motivated. Crawford Sipho Ntshangase tendered evidence on behalf of the victims.
At the time of the occurrence of the incident, the applicant was a member of the African National Congress (ANC) at Mpangise Location, Mid-Illovo. The victims were all members of the South African Police (SAP). One part of Mid-Illovo fell under the jurisdiction of the then Zululand Homeland Governing Authority, whilst the other under the Republic of South Africa. The applicant testified that there was conflict between the Mkhize clan with strong ANC leanings and the traditionalists from the farms whom he regarded as IFP. For many years life in the area was characterised by this conflict. There was a widespread perception that the police supported the opposing group, led by Tandokazi Mtembu. Initially land was the central issue and bone of contention but as time went on this developed into a political conflict between the two opposing groups, namely Mkhize's supporters and the traditionalists perceived to be IFP. Mtembu was allegedly recruiting the youth for the IFP and military training at Caprivi. Predominantly the youth, although not openly in such a traditionalist environment, supported the ANC and would refuse to join. The applicant also refused and covertly organised the youth for the ANC. When Mtembu was elected as Induna for the youth, the applicant opposed it. Ntshangase testified to this and although he denied that there was political conflict conceded the difference between the youth and the traditionalists. He also albeit reluctantly, conceded that the traditionalists were perceived to have strong IFP sentiments.
Most of the time the applicant had no fixed place of abode and was on the run. During the course of the conflict a relative of the applicant, one Sipho Mkhize who sensitised him politically and a strong ANC supporter, died in policy custody and later his son, S'bu Mkhize, was shot dead by the police. In the prevailing atmosphere the applicant believed he was also targeted and feared for his life. He believed that the police and Mtembu's followers were going to kill him and, to strengthen the ANC group, he supplied the youth with home-made arms and basic training. He saw himself as a "Commander" of the ANC youth in the area. After a confrontation with Mtembu, he faced a charge of attempted murder. Ntshangase investigated the case. He appeared in a court for a number of times and as the Mtembu group wanted to attack him, he requested the Court to provide him with police escort every time he had to appear. This arrangement, although it seemed to work in the beginning, came to an end on account of lack of police transport. The police were refusing to fetch him. When he failed to appear his bail was estreated and a warrant for his arrest was issued.
Ntshangase testified that he went to look for the applicant and left messages that he should come and see him and not worry about his failure to appear in court as he could explain it to the Court. Meanwhile, Ntshangase received information that the applicant had a hand grenade and feared that he was going to attack the police. The information from the source was further that the applicant was at the Ngidi Kraal. In the evening of the 25th of March 1993 they went to apprehend him. They surrounded the kraal, particularly the rondavel where he was said to be in. When the applicant heard a woman screaming outside, probably shocked by the presence of the police, he thought he was being attacked by the Mtembu group. Dogs were also barking and immediately someone kicked the door open. He then fired several shots in the direction of the "attackers", who it later transpired were the police. He heard a woman shouting that it was the police, but this was after a considerable exchange of fire. He had already thrown a hand grenade at them. The applicant says when he recognised the Station Commander's voice calling for a halt and that they were the police, he stopped firing. He thought of shooting himself but had no bullet to do so. He believed that the police were going to shoot him if he surrendered himself. Everyone in the scene was asking him to come out of the hut and surrender himself. This he did and was arrested. In the attack one member of the Police Force, Sergeant Mzuvele Hamilton Dlamuka, sustained shrapnel wounds. He had to be taken to hospital for treatment.
After considering all the evidence in this case and particularly the context within which the incident happened, we are satisfied that the offences committed are "acts associated with a political objective" in terms of the Promotion of National Unity and Reconciliation Act 34 of 1995. The applicant acted with a political objective and has made a full disclosure of all the relevant facts. There is no indication that he acted for personal gain. Neither was he actuated by personal malice; ill-will or spite against the victims. The victims were members of the Police Force which he strongly believed to support the IFP against the ANC and its supporters.
Amnesty is accordingly GRANTED to the applicant for all the offences set out above. M.H. Dlamuka is hereby being referred to the Committee on Reparation and Rehabilitation for consideration as a victim in terms of the Act.
Signed at Cape Town on this the 8th day of December 1999.
.............................................
ACTING JUDGE D. POTGIETER
................................. .........................................
ADV. F. BOSMAN (SC) ADV. N. SANDI
ADDENDUM
HEARING : The attempted murder of 10 people
VENUE: Durban Christian Centre
DATE: 18 November 1999
PANEL : D. Potgieter AJ; Adv. F. Bosman; Adv. N. Sandi
EVIDENCE LEADER: Mr Z. Mapoma
LEGAL REP. APPLICANT: Mr Ngubane
LEGAL REP. VICTIMS: Mr Z. Mapoma
