DECISION
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This application relates to three incidents:
1. The first incident relates to the attack on SADF members at Nkowankowa Stadium near Tzaneen on 12th April 1990. The first and second Applicants, John Ngobeni and Muhlava Muhlava apply for amnesty in respect of this incident which was not opposed and in which no casualties were reported.
2. The second incident relates to the killing of one constable Ngabenziwa Thomas Shinganga, who was a member of the Security Police on the 15th June 190 at Nkowakowa Township near Tzaneen. The first and the third Applicant, John Ngobeni and Stranger Jabulani Mbhalati apply for amnesty in respect of this incident during which the sister of the deceased, one Lilly Mthembu Shinganga, sustain gunshot injuries. The application was not opposed.
3. The third incident relates to an attack of SADF members who ere patrolling at Rita Township, Naphuno District, the then Lebowa on the 16th June 1990. The intended target was a policeman, one Rasebotsa, the then Station Commander at Lenyenye Police Station. The first and third Applicants, Ngobeni and Mbhalati, apply for amnesty in respect of this incident. No casualties were reported and the application was not opposed. In all three incidents illegal firearms and handgrenades were used.
All three Applicants testified at the hearing. The first Applicant, who was involved in all three incidents was the Commander of an MK Unit of which the other two were members. He testified extensively as to his military training and the circumstances that gave rise to all three of the above incidents. He confirmed the membership of the other two Applicants who subsequently confirmed his evidence.
From the evidence it appeared that all three of the incidents occurred in 1990 between April and June at a late stage of the struggle against apartheid. It was submitted that the release of former President Nelson Mandela had nothing to do with the armed combats, but that in fact the incidents referred to above and other similar incidents facilitated the CODESA negotiations.
After having considered all documentary evidence and the oral evidence presented at the hearing the Committee is satisfied that all the Applicants have complied with the formal requirements for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act of 1995 as amended and that the offences were committed with a political objective as defined in the Act. The Committee is furthermore satisfied that the Applicants have made a full disclosure of all relevant facts.
Accordingly, amnesty is GRANTED to:
A. John Khombomuni Ngobeni for;
Incident 1
1. The attack on the SADF members at Nkowankowa Stadium, near Tzaneen on 12th April 1990.
2. The unlawful possession of 2 AK-47 rifles, 2 pistols, 12 hand grenades and an unknown quantity
of ammunition.
3. Any other delict or offence flowing from or directly associated with the above incident.
Incident 2
1. The murder of Constable Ngabenziwa Thomas Shinganga on the 15th June 1990 at Nkowakowa Township near Tzaneen.
2. The attempted murder of Lilly Mthembu Shinganga on the 15th June 1990 at Nkowakowa Township near Tzaneen.
3. The unlawful possession of 2 AK-47 rifles and an unknown number of hand grenades.
4. Any other delict or offence flowing from or directly associated with the above incident.
Incident 3
1. The attack on an unknown number of SADF members at Rita Township, Naphuno District in the then Lebowa on 16th June 1990.
2. The unlawful possession of 2 AK-47 rifles and an unknown number of handgrenades.
3. Any other delict or offence flowing from or directly associated with the above incident.
B. Muhlava Muhlava for;
Incident 1
1. The attack on the SADF members at Nkowankowa Stadium, near Tzaneen on 12th April 1990.
2. The unlawful possession of 2 AK-47 rifles, 2 pistols, 12 handgrenades and an unknown quantity of ammunition.
3. Any other delict or offence flowing from or directly associated with the above incident.
C. Stranger Jabulani Mbhalati for:
Incident 2
1. The murder of Constable Ngabenziwa Thomas Shinganga on the 15th June 1990 at Nkowakowa Township near Tzaneen.
2. The attempted murder of Lilly Mthembu Shinganga on the 15th June 1990 at Nkowakowa Township near Tzaneen.
3. The unlawful possession of 2 AK-47 rifles and an unknown number of handgrenades.
4. Any other delict or offence flowing from or directly associated with the above incident.
Incident 3
1. The attack on an unknown number of SADF members at Rita Township, Naphuno District in the then Lebowa on 16th June 1990.
2. The unlawful possession of 2 AK-47 rifles and an unknown number of hand grenades.
3. Any other delict or offence flowing from or directly associated with the above incident.
In respect of incident 3 there was evidence that the first Applicant, John Ngobeni had dropped a hand grenade which he was unable to retrieve when he retreated. It appeared that an unknown civilian had subsequently picked it up and was killed when it exploded. In the absence of a proper investigation into this incident the Committee is not able to come to a conclusion and this incident is referred to the investigative unit for further investigation.
Mnyebezi Florence Shinganga (wife of the deceased) and her children Sibongile Shinganga, Simon Shinganga and John Shinganga as well as Lilly Mtembu Shinganga, sister of the deceased, are declared victims in terms of Section 22 of the Act and referred to the Reparation and Rehabilitation Committee for consideration.
SIGNED on the day of 2000
_____________________________JUDGE JOHN MOTATA
_____________________________ADV F J BOSMAN
_____________________________ADV S SIGODI
