DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995, as amended (hereinafter referred to as "the Act").
The Applicant and a certain Mhle Wilfred Msomi were arraigned before the Regional Court for the district of KwaZulu Natal at Durban on charges of attempted murder and illegal possession of hand grenades. They were both found guilty as charged on one count of attempted murder and were acquitted on the count of illegal possession of hand grenades.
They were both sentenced to eight years imprisonment. The Applicant served five years of his sentence and has since been released from prison.
The Applicant applies for amnesty for the following offences:
(a) Attempted murder;
(b) Unlawful possession of a hand grenade;
(c) Malicious damage to property;
(d) Any offence or delict directly arising out of the incident which occurred on the 12th April 1992 when the Dladla homestead was attacked with a hand grenade.
He testified before the Amnesty Committee that at all material times he was residing at Danganya, KwaZulu Natal. He was elected chairperson of the Danganya Youth League at Umgababa which subsequently became the branch of the ANC Youth League when political organisations were unbanned in 1990. He stated that the conflict in the area of Umgababa started in 1989 when people not belonging to political organisation but were on the side of the traditional leaders started fighting Applicant's organisation. Some people were attacked and killed. Eventually it was clear that the conflict was between the ANC and the IFP. On the morning of the 12th April 1992 Applicant and his fellow comrades received a report from members of the community that two of their comrades were killed and houses were set on fire on the previous night. The youth league held a meeting with the five members of the Self Defence Unit in the area. A decision was taken that an attack should be launched so as to scare and neutralise those who attacked the ANC members. The Dladla homestead was selected as a target because the Dladla family remained and continued to stay in an IFP stronghold when ANC supporters fled that particular area. However he could not vouch that Mr Dladla was an IFP member. There was a clear demarcation between the area occupied by the ANC and that occupied by the IFP. According to reports, a group of the attackers had congregated either at or near the Dladla homestead.
Applicant and Mr Msomi, armed with hand grenades, went to launch the attack on the Dladla homestead. The other comrades and SDUs remained behind to keep watch and protect other areas from possible attack by the IFP.
He threw the hand grenade at the house aiming at the window but is hit the wall and boomeranged to him. Both Applicant and Msomi sustained injuries. The Applicant lost consciousness and regained it at hospital.
Mr and Mrs Dladla attended the hearing. They did not oppose the application. The evidence leader, Ms Patel, advised the Committee that apart from the fact that two hand grenades exploded, the Dladla family confirmed the Applicant's version of the incident. The Applicant stated that he is unable to testify whether Mr Msomi also exploded his hand grenade or whether it was detonated by the police because he lost consciousness immediately when the hand grenade thrown by him exploded.
We are satisfied that the Applicant complied with all the requirements of the Act in respect of the technical formalities, full disclosure and that the offences were acts associated with a political objective. The Umgababa area, like many areas in KwaZulu Natal, was embroiled in a conflict between the IFP and the ANC. This was characterised by the segregation of places into IFP and ANC strongholds. As an office bearer of a political organisation, there is no doubt in the Committee's mind that the Applicant acted for a political objective and not for spite or personal benefit.
In the result the Applicant is GRANTED amnesty for:
(a) Attempted murder;
(b) Unlawful possession of a hand grenade;
(c) Malicious damage to property;
(d) Any offence or delict directly arising out of the incident which occurred on the 12th April 1992 when the Dladla homestead was attacked with a hand grenade.
Mr and Mrs Dladla are referred to the Reparation and Rehabilitation Committee for its consideration.
DATED AT CAPE TOWN THIS
: DAY OF APRIL 2000.
: JUDGE DENZIL POTGIETER
: ADV S SIGODI
: MR J B SIBANYONI
