DECISION
The applicant is presently an Eastern Cape Regional Organiser of the African National Congress ("the ANC") which he "officially" joined in Botswana in 1980. Until then he used to work underground as an ANC operative inside the country. In the 1980s he received military training in Angola and Cuba whereafter he was deployed in Zimbabwe to carry out activities on behalf of the South African Congress of Trade Unions ("SACTU"), the labour wing of the ANC. As a member of Mkhonto Wesizwe ("MK"), the ANC military wing he returned to the country in 1990 and was deployed in the then Northern Province. his commander was "Tebogo" whose full and further particulars are unknown to him. for security reasons, it was the practice in the ANC and MK not to use real names whilst they were in exile.
The application is for amnesty in respect of an attempted murder of "Stewart", a former member of MK who had defected to the South African Police ("SAP"). At the hearing the applicant was the only witness to testify and "Stewart", the askari, was not present as all attempts to establish his identity and present whereabouts were to no avail. The applicant testified that he does not know the full names and address of Stewart and only knew him as such. He had previously been warned by the late Mr Chris Hani to be careful of the erstwhile MK member as he was working for the police. He did not however authorise them to kill him. On a certain day in Johannesburg and whilst the applicant was in the company of Tebogo, where they had stopped at a fuel filling station, they saw Stewart driving a vehicle. They called him to come so they could speak with him. He ignored them and left. It was clear that he was avoiding them and that, indeed, he was working against the ANC and its members, particularly MK cadres. The applicant says they decided that they would have to kill Stewart because their lives were in danger. Stewart was now aware of their presence in the area and had observed the identity and registration numbers of their vehicle. He was going to convey this information to the Security police. They were not going to kill him themselves since he knew them. They were going to get someone else to carry out his killing.
Subsequent to this day Tebogo came along with a young man. he instructed the applicant to train him in the use of a Makarov pistol and a hand grenade. The applicant complied with the order and accordingly imparted the necessary skills to the young man. The training was conducted in a secret place. he was not given the full names and further details of the boy who was only known to Tebogo. Later, the applicant was told by Tebogo that the boy had attacked Stewart in Mamelodi with a pistol but could not kill him. He only sustained injuries. Although the applicant was arrested in January 1981 for other cases, he was never questioned about this particular incident and none of them, viz. himself, Tebogo and the boy were ever charged with the attempted murder of Stewart. He says the attack was necessary to prevent Stewart from pointing them out to members of the Security Police, and thus endanger their lives.
After considering the matter, the Committee is satisfied that the applicant and his comrades acted with a political objective as required in the Act. He further appears to have given a full disclosure and has complied with the formal requirements of the Act. He is therefore GRANTED amnesty for the following crimes:-
1. Conspiracy to murder an askari known only as Stewart and
2. Unlawful possession of a Makarov pistol and hand grenade.
It is being recommended to the Reparation and Rehabilitation Committee that the said Stewart, once his full and further particulars are known, be declared a victim in terms of the Act.
SIGNED ON THIS THE
: DAY OF
: 2000.
ACTING JUDGE D. POTGIETER
ADV. F.J. BOSMAN
ADV. N. SANDI
