DECISION
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Nkamona Paul Andrew Mathabathe (the 1st Applicant), George Sonnyboy Mogapi (the 2nd Applicant), Sandile Shepherd Nklungwane (the 3rd Applicant), Linda Precious Mntambo (the 4th Applicant) and Sazi Ronnie Ndlovu (the 5th Applicant) were at all relevant times members of the African National Congress (the ANC) and members of uMkhonto weSizwe (MK) who operated together as a unit in the Soweto area. The commander of the unit was one Simon Modise, second in command was one Bless Monde and the 4th Applicant was third in command.
During 1988 while an industrial strike was being conducted by municipal workers over grievances concerning the wages of Soweto Council employees, it was decided by the applicants' unit to intimidate certain persons who they, on information received, believed were opposed to the strike and who were supporting the Council in the stance it had taken against the striking employees.
To this end it was decided to attack the houses of Mr Monamodi, a foreman plumber in the employ of the Soweto Council and Ms Sithole, a social worker. They also decided to confront Dr Matsie, who they believed to be influential in decision making at the Council.
The 2nd, 3rd and 4th Applicants, as well as another member of the unit, one Mbata, proceeded one night to the house of Mr Monamodi. They waited for the lights to be switched off when the 4th Applicant threw a hand grenade through the dining room window. The grenade was thrown into the dining room as it was not their intention to injure anyone. No one was injured in the blast.
The same three applicants as well as the said Mbata also went to the house of Ms Sithole. The 4th Applicant lobbed a grenade which exploded in the yard of the premises, close to the front door. No one was injured in the explosion.
The same three applicants and the said Mbata thereafter proceeded to the house of Dr Matsie. Their intention was to confront him and threaten him to desist opposing the strike. The 2nd and 3rd Applicants remained in their vehicle which was parked near the house. The 4th Applicant and Mbata went to the house and knocked on the door and upon seeing them screamed in fear. A person with a dog approached. He released the dog. Mbata shot the dog and then, with the 4th Applicant, fled to the vehicle and drove off.
Sometime thereafter it was decided by members of the unit to kill a Mr Shomani, a policeman who was stationed at the Protea Police Station. It was decided to kill him as the police were at that time considered by MK to be legitimate targets. The 1st, 3rd, 4th and 5th Applicants proceeded to Mr Shomane's house in Dube. The plan was that a stone would be thrown through a closed window of the house and when Mr Shomane came out to investigate he would be shot by the 4th Applicant. The 4th Applicant threw a stone at a window and smashed it but nobody came out of the house. The said applicants then abandoned the operation.
Approximately one month later it was decided to kill a lodger at Mr Shomane's premises, who was also a policeman. He was a member of the Security Branch of the police. His name is not known. The 2nd and 4th Applicants proceeded to Mr Shomane's residence. They waited for their target to return home. He eventually arrived in a motor vehicle. As he was opening the driveway gate, the 4th Applicant approached him and shot him at close range. The 4th Applicant learnt later that he died.
During or about November 1988 the person who was second in command of the unit issued an instruction that a Fidelity Guard van be robbed. The reason given for the decision was that funds were required by the unit primarily to bribe policemen who were guarding the commander of the unit, Simon Modise, who was in police custody in a hospital. On 5th November 1988 the 1st, 2nd, 4th and 4th Applicants proceeded to the Totalisator at Dube where they took up positions and waited for the arrival of the cash in transit van. The 4th Applicant was armed with an AK47 rifle and the 1st Applicant was in possession of a knife. The other two were unarmed.
The van arrived and two of the guards entered the Totalisator premises. They later emerged therefrom with two steel trunks. The 4th Applicant approached them and opened fire. The guards returned fire. The applicants took possession of the steel trunks, got into their vehicle and sped off. Two of the security guards were injured in the incident. The 4th Applicant was also injured.
The steel trunks contained approximately R76 000.00 in cash. Approximately R4000.00 of that amount was used to pay for the hospital and medical expenses incurred in respect of the treatment of the 4th Applicant's injury. R1000.00 was paid to a nurse who arranged for the 4th Applicant's transport to and admission into a hospital under a false name. The balance of the money was handed over to Bless Monde.
During 1988 the 4th Applicant together with the said Mbata attacked a traffic policeman at or near Mofolo Park. The intention of the attack was primarily to dispossess him of his firearm. Traffic policemen were also considered as legitimate targets by MK, as they were, because their powers of search and arrest, seen as part of the structures that bolstered the apartheid government. They approached the traffic policeman who was sitting in a motor vehicle. They knocked on the window of his vehicle. The traffic policeman pulled out his firearm. The 4th Applicant shot at him and both he and Mbata fled the scene. The 4th Applicant heard later that the traffic policeman died as a result of the shooting.
Also during 1988 the 4th Applicant planted a limpet mine which exploded at a sports ground at Turfontein. The mine was placed behind the bar at the sports ground to ensure that no one was injured in the blast. It was a so-called propaganda operation to let it be known that MK has a presence in the White suburbs. Nobody was injured in the blast.
The 4th Applicant was arrested by the police and detained at the Jeppe Police Station. Being an MK cadre, it was his duty to endeavour to escape. On or about 31st May 1989 he escaped after stabbing the officer on duty with a sharpened spoon.
During 1992 the 3rd Applicant was arrested for being in possession of a Makarov pistol and ammunition. He possessed such pistol in his capacity as an MK cadres, he having received it from MK. He was convicted in respect thereof and was sentenced to undergo six months imprisonment or pay a fine of R2000.00.
After having heard the evidence and having considered the documentation placed before us, we are satisfied that all the offences committed by the applicants as set out above were acts associated with a political objective committed in the course of the conflicts of the past. In each instance the applicants acted as members of the MK in furtherance of the aims of the political movement they were members of, the ANC. While we are aware that this was not the policy of the ANC to rob civilian targets, we, after careful deliberation, are of the view that the applicants participation in the robbery of the Fidelity Guard van was done under orders received from their commander and with the intention to benefit MK rather than themselves personally.
We are also satisfied that the applicants have made full disclosure of all the relevant facts and that their applications comply with the requirements of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995.
In the result, their applications succeed and:
1. Nkamona Paul Andrew is GRANTED amnesty in respect of
i. the conspiracy to murder Mr Shomane and the malicious damage caused to the property of Mr Shomane at or near Dube during 1988; and
ii. the armed robbery of a Fidelity Guards van and the attempted murders of Messrs P.A. Viljoen, H.C. Jansen van Vuuren, Plaatjies and Swart on or about 5th November 1988 at Dube.
2. George Sonnyboy Mogapi is GRANTED amnesty in respect of:
i. the malicious damage caused to the property of Mr Monamodi at Soweto during 1988;
ii. the malicious damage caused to the property of Ms Sithole at Soweto during 1988;
iii. the unlawful shooting of a dog at the property of Dr Matsie at Soweto during 1988;
iv. the murder of an unknown policeman at the property of Mr Shomane at Dube during 1988; and
v. the armed robbery of a Fidelity Guards van and the attempted murders of Messrs H.C. Jansen van Vuuren, P.A. Viljoen, Plaatjies and Swart at Dube on or about 5th November 1988.
3. Sandile Shepherd Ndlungwane is GRANTED amnesty in respect of:
i. the malicious damage caused to the property of Mr Monamodi at Soweto during 1988;
ii. the malicious damage caused to the property of Ms Sithole at Soweto during 1988;
iii. the unlawful shooting of a dog at the property of Dr Matsie at Soweto during 1988;
iv. the conspiracy to murder Mr Shomane and the malicious damage caused to the property of Mr Shomane at or near Dube during 1988; and
v. the unlawful possession of a Makarov pistol and ammunition during 1992 in respect of which the 3rd Applicant was convicted and sentenced to undergo six months imprisonment or pay a fine of R2000.00.
4. Linda Precious Mntambo is GRANTED amnesty in respect of:
i. the malicious damage caused to the property of Mr Monamodi at Soweto during 1988;
ii. the malicious damage caused to the property of Ms Sithole at Soweto during 1988;
iii. the unlawful shooting of a dog at the property of Dr Matsie at Soweto during 1988;
iv. the conspiracy to murder Mr Shomane and the malicious damage caused to the property of Mr Shomane at or near Dube during 1988; and
v. the murder of an unknown policeman at the property of Mr Shomane at Dube during 1988; and
vi. the armed robbery of a Fidelity Guards van and the attempted murders of Messrs H.C. Jansen van Vuuren, P.A. Viljoen, Plaatjies and Swart at Dube on or about 5th November 1988;
vii. the murder of an unknown traffic officer at or near Mofolo Park during 1988;
viii. the unlawful placing and setting off of a limpet mine at a sports ground in Turfontein during 1988;
ix. the unlawful escape from lawful custody at the Jeppe Police Station and the attempted murder of an unknown policeman on or about 31st March 1989; and
x. the unlawful possession of firearms and ammunition and explosive material (hand grenades and a limpet mine) during 1988.
5. Sazi Ronnie Ndlovu is GRANTED amnesty in respect of:
i. the conspiracy to murder Mr Shomane and the malicious damage caused to the property of Mr Shomane at Dube during 1988; and
ii. the armed robbery of a Fidelity Guards van and the attempted murders of Messrs H.C. Jansen van Vuuren, P.A. Viljoen, Plaatjies and Swart at Dube on or about 5th November 1988.
SIGNED AT..................THIS.....DAY OF..........2000
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JUDGE S MILLER
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ADVOCATE C DE JAGER
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ADVOCATE S SIGODI
We are of the opinion that Mr Monamodi, Ms Sithole, Dr Matsie, Mr Shomane, the immediate family of the unknown policeman who was murdered at Mr Shomane's property, Mr H C Jansen van Vuuren, Mr P A Viljoen, Mr Plaatjies, Mr Swart, the immediate family of the unknown traffic officer who was murdered at Mofolo Park and the unknown policeman who was stabbed by the 4th Applicant at the Jeppe Police Station on 31st May 1989 are victims and this matter is referred to the Committee on Rehabilitation and Reparations for consideration in terms of the provisions of the Act.
