DECISION
This is an application for amnesty in terms of section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995, as amended. It relates to two incidents namely:
i. Placing 2 limpet mines at Orlando Police Station during October 1989 and
ii. Attacking Sgt. Morget's house by throwing a handgrenade and shooting with AK 47 rifles during December 1989.
The applicant was never arrested for the incidents. He testified that he is a member of the African National Congress (ANC) and that during 1989 he was recruited by the late Siswe Sithole to join the then underground structures of the ANC namely Umkhonto We Siswe (MK). Sithole was applicant's commander and applicant was second in command in their MK unit. Applicant underwent military training by doing a crash course which took about four (4) days. Members of the unit regularly met at various venues at White City in Soweto where they discussed and planned their MK activities. Among others, the applicant's duties entailed guarding Mrs Winnie Madikizela-Mandela's house and family and protecting students as well as monitoring their activities.
Sithole gave the applicant two limpet mines and ordered him to attack the Orlando police station. Because there were members of the public and police at the targeted building the applicant decided to place the devices in a toilet of the police station. They were discovered and detonated by the police. He reported this to his commander.
He further testified that he was questioned by Mrs Madikizela-Mandela whether it was him who placed the devices at the police station and he confirmed. When asked whether there were any casualties, his answer was negative.
One morning in December 1989 Sithole informed the applicant that there was an operation they would conduct during the evening. Indeed at about 20h00 in the evening Sithole fetched a certain Norman Madopa who was the driver of the get-away-car, a blue Stanza. They collected the applicant and Goodman. Sithole gave the applicant an AK47 rifle and ordered him to participate in the attack on Sgt. Morget's house who was viewed by the comrades as sell-out as he was very active in harassing comrades. Norman was told about the purpose of the mission but not Goodman.
On arrival at their destination, Norman was instructed to park the car at a strategic place for getting away easily. Goodman armed with a .28 gun remained in the street, probably for keeping a look out. Applicant and Sithole then attacked the house. Sithole threw a handgrenade at the house and immediately it exploded, the applicant and Sithole jumped a fence into the premises and started shooting with AK 47s. They emptied their magazines and retreated to the car. It could not start. They pushed it and drove away.
Although she did not give orders, Sithole told the applicant that Mrs Mandela was fully aware of the operation.
It is applicant's testimony that their political motive in targeting the police station and the police is because, as the ANC, they viewed the police as enemies. They attacked the building and the policeman's house in order to instil fear in the police and cause them to resign from the police force.
The applicant has no knowledge of the extent of the damage caused during the operation nor whether any person was injured at Morget's house, except that the windows were broken.
He told the committee that he was informed by Mrs Madikizela-Mandela that Sithole was arrested by the police for the incident. He died in detention.
We are satisfied that the application complies with the requirements of the Act concerning the technical formalities, that the applicant's acts were acts clearly connected with a political objective and that the applicant has made full disclosure of all material facts.
In the result the applicant is GRANTED amnesty for:
a. placing two land mines at Orlando police station, Soweto during October 1989
b. participating in attacking Sgt. Morget's house by throwing a hand-grenade and firing rifles at it.
c. Any offence or delicts directly arising out of the incidents of October and December 1989 at the police station and Sgt. Morget's house respectively.
It is recommended that Sgt. Morget and his family be deemed victims and are hereby referred to the Reparation Committee for its consideration.
DATED AT
: THIS
: DAY OF
: 2000.
JUDGE S MILLER
___
A.J. C DE JAGER (SC)
MR J B SIBANYONI
