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Decisions

Type AMNESTY DECISIONS

Names NEO IGNATIUS PHAHLANE

Matter AM7293/96

Decision GRANTED

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DECISION

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This is an application for amnesty for the attack on the Sharpeville Police Station executed on 1st October 1989 by six (6) members of an MK - cell of which the applicant was one, under the command of Keke Smith. The other members were Oupa Manete, Mothodi Dikole, Nelson Mailane and Thomas Sesele. The objective was to disarm the police and obtain weapons. Three members of the South African Police were involved, they being Esau Liutloileng, Maugele Isaac Lesibo and Stephen Madibo. They were ordered to lie on the floor. Lesibo ran out of the office, shots were then exchanged and Madibo was shot in the leg. The operation was abandoned.

This evidence was tendered by the applicant in oral testimony. All of them were apprehended and charged on a count of terrorism but the charges against Manete, Dikhole, Sesele and the applicant were withdrawn on account of them becoming witnesses for the State. In 1990 temporary indemnity was granted to Keke Smith and Nelson Mailane and the case was never proceeded with.

All three victims were present at the hearing and filed affidavits confirming the facts and supported the application.

The Committee is satisfied that the acts of the applicant in this incident were associated with a political objective committed during the conflicts of the past, that he has made a full and truthful disclosure of all relevant facts and accordingly amnesty is GRANTED to the applicant in respect of all offences related to the attack on the Sharpeville Police Station on 1 October 1989.

The Committee is further of the opinion that Esau Liutloileng, Mangoela Isaac Lesibo and Stephen Madibo are victims as contemplated in Section 26 of the Act and their names are being referred to the Reparation and Rehabilitation Committee for consideration.

SIGNED AT..................THIS.....DAY OF..........2000

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JUDGE N J MOTATA

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A/JUDGE C DE JAGER

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MR W MALAN

 
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