DECISION
The applicant is seeking amnesty for the following crimes and offences:-
1. The attempted murder of unknown IFP members;
2. Malicious Damage to Property;
3. Unlawful possession of a 9mm pistol and ammunition; and
4. Any delict or offence flowing from an attack on an IFP "base" at Nkosi Street, Thokoza, during or about July 1993.
At the time of the commission of the acts referred to herein the applicant was a commander of the Slovo Section (East Rand) Self Defence Units (SDUs) of the African National Congress ("the ANC") which he joined in 1990.
Applicant was the only witness to testify at the hearing. It is not the first time that he appears before the Committee seeking amnesty. Previously, he appeared and was granted amnesty for his involvement in a number of operations which he carried out on behalf of the ANC. The present matter relates to an incident which took place at Thokoza during the violent conflict between supporters of the ANC and the Inkatha Freedom Party ("the IFP").
The applicant testified that on a certain day during July 1993 he and other SDU members became aware that a house belonging to Zeblom Mtshali at Nkosi Street was being used by IFP members as a base from which they launched attacks on ANC supporters and members of the community. The applicant ordered that the house be attacked. Indeed, at the appointed time he proceeded with members of his unit to launch the attack. On their arrival there he learnt that the gate was locked and whilst he was trying to open it members of the IFP who were inside the house were alerted. They opened fire from the inside and an intense exchange of fire ensued. Members of his unit returned fire. They were firing at the occupants of the house and giving cover to the applicant who had fallen into the yard when he jumped over the gate. The applicant says he was unable to shoot from this position. As a result of the volley of shots which took quite some time before it subsided the house was extensively damaged and windows were broken. But no person was killed or injured in the exchange of fire.
The applicant was arrested on the same day in the same vicinity and was charged with attempted murder and malicious damage to property. He was granted bail and released. At the time of his application the case had still not been proceeded with and criminal proceedings are now being suspended pending the outcome of his amnesty application. The applicant further testified that the aim of their attack on the house which they saw as an IFP base was to pre-empt any attack, otherwise they were going to be killed by the IFP members whom they believed had assembled there in preparation to launch an offensive. They also did not trust the police in the area because they openly sided with the IFP supporters and warlords. In this regard it is as well to mention that the Committee has previously received testimonies from various applicants who made the same assertion, namely that during the ANC-IFP conflict in various parts of the country, the police sided with the IFP.
After considering the applicant's evidence and having regard to previous similar applications and the context within which these occurred, we are satisfied that the applicant committed an act(s) associated with a political objective. He has made a full disclosure of the relevant facts and has complied with the formal requirements of the Act. He is entitled to amnesty which is GRANTED for all the offences listed above.
SIGNED ON THIS THE
: DAY OF
: 2000.
ACTING JUDGE D. POTGIETER
ADV. F.J. BOSMAN
ADV. N. SANDI
