DECISION
The applicant, John Itumeleng Dube, withdrew his application as far as it relates to the three incidents in respect of which Tshepo Stanley Buhlali is asking for amnesty. These incidents are:-
1. The malicious damage caused to the Zola Municipality Offices in Soweto on 21 November 1987 and the illegal possession of explosives used in connection therewith;
2. The ambush and attempted murder of at the time to him, unknown policemen who turned out to be Fanie Stephen Mangoane, Moroka Edward Rametse and Phatsa Philemon Kekana as well as an adult male Raymond Kgwedi, and the illegal possession of an AK 47 and ammunition used in carrying out the attack at Moemise Street, Zone 2, Meadowlands on 29 January 1988;
3. The ambush and attempted murder of Municipal Police driving in Emdeni during April or May 1988 and the illegal possession of a firearm and ammunition used during the attack.
Seeing that the application of Mr Dube was withdrawn as far as it might have related to the above incidents the Committee will henceforth refer to Mr Buhlali (who was formerly known as Mshibe and who applied for amnesty under the latter name) as the applicant.
The applicant testified that he was a member of the Soweto Youth Congress affiliated to the UDF as well as a member of M.K. He was trained by Dube to whom we have referred to earlier and we will refer to him by name further on in this decision. During 1987 supporters of the liberation movements took part in a rent boycott. The municipality took steps to evict people not paying their rent. The supporters of the boycott became scared that they might loose their houses and Dube and the applicant decided that they should attack the Municipality Offices to demonstrate the ANC's solidarity with the protesters. Their intention was not to injure any people, so they decided to carry out the operation after closing hours when the employees have left the building.
They learnt that the offices were closing at 11h00 and planted four limpet mines who were due to explode round about 12h00. The bombs exploded round noon, causing severe damage to the property but nobody was injured or killed.
The second incident relates to an attack on the Meadowlands police. Dube ordered this attack after he and applicant had a discussion. It was decided to target the police station and to demonstrate in doing so that M.K. soldiers were prepared to attack the Security Forces in their own base. Dube, the applicant and one who acted as driver at the time carried out observations on a daily basis during the week preceding the attack. They observed that a number of police officers used to gather at the entrance to the police station during the early evening. On the evening of 29 January 1988 Dube and the applicant armed with AK 47 rifles was driven in a stolen BMW car to the Meadowlands Police Station. It should be mentioned that the driver has since died and did not apply for amnesty. Reference is, however, made to him in order to complete the picture.
On arrival to the Police Station they found that the Police were not gathering in front of the police station as expected. They drove around for a while and saw a police van driving out. They decided to follow this van and to launch an attack on the passengers when the opportunity arrives. The vehicle later stopped at a house which turned out to be the home of Raymond Kgwedi, at Moemise Street, Zone 2 Meadowlands. Dube gave instructions to fire and the applicant and Dube fired at the passengers who were at that stage getting out of the Police van. According to applicant they intended to kill them and it later transpired that they indeed wounded the three policemen mentioned as well as Raymond Kgwedi. The latter is still suffering at present as a result of the wounds.
The date of the third incident could not be pin pointed. The applicant testified that they gained information that the Police intended to carry out a raid in the Emdeni, Soweto area. The applicant and Dube decided to attack them. They took up position on a Street Corner and saw that six municipal police were patrolling the area. When one of the vehicles approached the corner they opened fire. Applicant saw that the vehicle's windscreen was shattered and that the vehicle came to a stand still after passing them. He and Dube immediately took flight. They were on foot and couldn't take the risk of being arrested. He read in the newspapers on the following day that six policemen had been hospitalised as a result of the attack.
It is regretted that no further information could be obtained about this incidents and the identity of the victims. It is 12 years since it happened and all documents seem to be destroyed or lost.
The Committee, after considering the evidence and documentation, is satisfied that the requirements of Act 34 of 1995 for amnesty have been met by applicant Buhlali.
The Committee is of the opinion that Messrs Fanie Stephen Mangoane, Moroka Edward Rametse and Phatsa Philemon Kekana and Raymond Kgwedi should be considered to be victims in terms of Act 34 of 1995.
The Committee further recommends that any person proved to be injured in the attack on the municipal police van in Emdeni during April/May 1988 should also be considered to be a victim in terms of Act 34 of 1995.
In the result amnesty is GRANTED to Tshepo Stanley Buhlali (formerly Mshibe) in respect of the following offences:-
1. The malicious damage caused to the Zola Municipality Offices in Soweto on 21 November 1987 and the illegal possession of explosives used in connection therewith.
2. The attempted murder of at the time to him, unknown policemen who turned out to be Fanie Stephen Mangoane, Moroka Edward Rametse and Phatsa Philemon Kekana as well as an adult male Raymond Kgwedi, and the illegal possession of an AK 47 and ammunition used in carrying out the attack at Moemise Street, Zone 2 Meadowlands on 29 January 1988.
3. The attempted murder of Municipal Police driving in Emdeni during April or May 1988 and the illegal possession of a firearm and ammunition used during the attack.
SIGNED AT CAPE TOWN ON THIS THE
: DAY OF
: 2000
: N J MOTATA (AJ)
: C DE JAGER (AJ)
: ADV F BOSMAN S.C.
