DECISION
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The Applicant was, at all material times, a member of the African National Congress (the ANC) and its armed wing, uMkhonto weSizwe (MK). He underwent military training in Swaziland where he was, inter alia, trained in the use of explosives.
The Applicant was the commander of a unit in the Transvaal urban Machinery of MK. Other members of the unit included Norman Ngwenya, Wellington Sungzisa, Linda Molemoi and Hamilton Hlongwane.
During November 1977 the Applicant, together with Norman Ngwenya, placed a mine on the railway line between Dunswart and Apex.
The mine exploded and caused a train to be derailed. Nobody was killed or injured in the incident.
During December 1977 the Applicant and Norman Ngwenya placed a limpet mine in a car park at the Benoni Railway Station, which car park was used for the parking of vehicles belonging to the Railway Police. The mine exploded and caused damage to a number of vehicles. Nobody was killed or injured in the explosion.
On 9th January 1978 the Applicant together with the other members of his unit were proceeding to the premises of Reumech, a company which manufactured military hardware. They were in possession of a limpet mine which they intended to place at such premises. When at the Dunswart Railway Station they were confronted by a member of the South African Police who demanded to search them. The Applicant shot the policeman and he and his comrades fled the scene. The policeman was injured in the shooting. The mine was never placed at Reumech.
We, after considering the evidence and the documentation that has been placed before us, are satisfied that the aforementioned offences were acts committed with a political objective as contemplated by the provisions of the Promotion of National Unity and Reconciliation Act, No 34 of 1995. We are also satisfied that the Applicant has made a full disclosure of all relevant facts.
In the circumstances, the Applicant is GRANTED amnesty in respect of:
1. the bombing of a railway line and the derailing of a train between Dunswart and Apex during November 1977;
2. the bombing of a car park at or near the Benoni Railway Station which resulted in the damage of a number of vehicles during December 1977;
3. the shooting of a policeman at or near the Dunswart Railway Station on or about 9th January 1978; and
4. the unlawful possession of firearms and explosive materials during the period November 1977 to January 1978.
We are of the opinion that the policeman who was injured in the shooting at or near Dunswart Railway Station on 9 January 1978 is a victim and this matter is referred to the Committee on Reparation and Rehabilitation for its consideration.
Dated at this day of 2000.
_____________________JUDGE S MILLER
____________________JUDGE N J MOTATA
____________________ADV N SANDI
