DECISION
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The Applicant applies for amnesty in respect of murder and attempted murder.
The Applicant was, at all material times, a member of the African National Congress (the ANC) and uMkhonto weSizwe (MK). During 1990 he was a member of the ANC Self Defence Unit (SDU) which was operating at Sangweni Section in Tembisa. The SDU had been established that year to provide protection to ANC members and supporters who were resident in that area and who were subjected to incessant attacks from supporters of the Inkatha Freedom Party (the IFP) who were assisted by members of the Toaster Gang. The Toaster Gang consisted of persons who had been expelled from the ANC in Tembisa. They specialised in car hijackings and also aligned themselves with IFP supporters who were fighting the ANC in Tembisa.
During or about October 1990 the Applicant and one Siphiwe Mavuso, who was also a member of the SDU, were deployed to protect the area near Khaya Store in Tembisa. While there they heard the sound of shots being fired. A group of men and women, apparently fleeing from the persons who were firing the shots ran past them.
The Applicant and the said Mavuso took cover as two young men, believed to be members of Toasters Gang, appeared bearing firearms. They fired shots at the Applicant and his companion. The Applicant returned fire hitting one of the assailants who fell to the ground. The other ran away. The assailant who was shot, whose identity is not known, died as a result of being shot by the Applicant. Siphiwe Mavuso picked up the firearm of the mortally wounded assailant which firearm was thereafter handed over to the overall commander of the SDU, Mzwakwe Radebe.
The Applicant was never arrested or charged in respect of the incident.
It is clear from the evidence that the incident was yet another tragic episode in the saga of political violence that racked Tembisa at that time. We are satisfied that the crimes committed by the Applicant were acts committed with a political objective during the course of the conflicts of the past.
We are also satisfied that the Applicant has made a full disclosure of all relevant facts and that his application for amnesty complies with the requirements of the Promotion of National Unity and Reconciliation Act, No 34 of 1995.
Applicant is accordingly GRANTED amnesty in respect of the murder of an unknown person and the attempted murder of an unknown person at Tembisa during or about October 1990.
We are of the view that the immediate family of the murdered person and that the victim of the attempted murder are victims and this matter is referred to the Committee on Reparations and Rehabilitation for its consideration.
DATED AT THIS DAY OF 2000.
____________________________JUDGE S MILLER
____________________________JUDGE N J MOTATA
____________________________ADV N SANDI
