______________________________________________________ DECISION
______________________________________________________
The Applicant, Dumisa Mdlulwa, applies for amnesty in respect of an artillery attack by an MK Unit of the military wing of the African National Congress on the Klippen Radar Station at a military base in the former Western Transvaal on 3rd May 1989. Documentary evidence submitted to the Committee indicated that although damage was caused to structures at the base as well as vehicles there were no casualties or injuries on the side of the security forces. The application was not opposed and the only person testify at the hearing was the Applicant himself.
The Applicant testified that the attack was planned outside the Republic of South Africa and upon the orders of Mr Joe Modise. The Applicant was a member of the unit responsible for the execution of the operation of which the commander was General Lombard Moloi. The Applicant himself was tasked to "plant the shells of the mortars". The objective of the attack was to scare the soldiers at the military base who patrolled the borders, to destroy the army base and thus to make the infiltration of the country by MK soldiers easier. However, the "stoppages" of the weapons caused partial failure of the attack and compelled the Applicant and his comrades to retreat in the vehicles which they had used in crossing the border between Botswana and the Republic of South Africa somewhere between Lobatsi and Mafekeng. During the retreat, one of his comrades was injured in an accident and arrested. The Applicant was unable to furnish any further particulars about the last-mentioned and or any other of his comrades whom he only knew by their combat names.
After having considered the evidence of the Applicant and all the documentary evidence submitted to the Committee, the Committee is satisfied:
That the Applicant has complied with all the requirements for amnesty as set out in Section 18 of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995) as amended; that the offence was committed with a political objective and that the Applicant has made a full disclosure of all relevant facts.
Accordingly, amnesty is GRANTED to Dumisa Mdlulwa for all offences flowing from or directly associated with the artillery attack on the Klippen Radar Station in the district of Rustenburg in the former Western Transvaal on the 3rd May 1989.
SIGNED on the day of 2000
______________________JUDGE J MOTATA
______________________ADV F J BOSMAN
______________________ADV S SIGODI
