DECISION
The applicant applies for amnesty for an attack on a substation of the Greytown Police Station at Nhlalakahle township in ;which two people were wounded.
In his written application, the applicant dated the attack as March or April 1992. At the hearing it turned out that the correct date was 28 October 1991. The injured persons were Bongani Nxumalo and another unknown to the applicant, who later turned out to be Sgt TA Zwane. Joining the applicant in this attack were his ANC comrades Jacob Buthelezi, John Kunene, Mdlala, Manabothe and another.
The background to the attack was an ongoing war between the IFP and ANC in Greytown area. The ANC perceived the police, both SAP and ZP, to be in collusion with the IFP. It was decided in the local leadership of the ANC that an attack be launched on the police station at Nhlalakahle and the applicant was to lead the attack. They had hoped to kill or at least injure people in the attack to show that the ANC was alive and strong.
At the hearing, attended by both Nxumalo and Zwane, neither of whom opposed the application, evidence of Nxumalo was led which established the date as 28 October 1991. Nxumalo was shot in his right upper arm, right lower arm and right upper leg. Zwane was shot through his right hand.
The implicated party, Buthelezi, also gave evidence. He confirmed his knowledge of the attack but denied any participation. He said he was older and not a youth league member. None of the other implicated persons gave evidence.
The applicant was never prosecuted and no one arrested for the shooting. Applicant stated that he decided to apply for amnesty in response to a call from the ANC leadership. He did not approach any of his comrades to inform them as he had assumed that they too would heed the call of the leadership.
Having heard and considered all the evidence, the Amnesty Committee is satisfied that the incident took place within the context of the political conflicts of the past, that the attack was associated with a political objective as envisaged in the Act and that the applicant made a full and truthful disclosure of all the material facts relevant to the incident.
The applicant is accordingly GRANTED amnesty for the attack on the Nhlalakahle Police Station Greytown on 28 October 1991 and all acts associated with this attack.
The Committee further finds both Sgt Bongani Nxumalo and Sgt TA Zwane to be victims as defined in the Act and their names are being referred to the Reparation & Rehabilitation Committee for their consideration.
Signed at Cape Town this the 4th day of February 2000.
_______________Judge S Miller
_______________Advocate N Sandi
_______________Mr W Malan
