: DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 ("the Act).
The Applicant is seeking amnesty for the following offences:
1. The burning of two (2) shacks at A18 Lekwane Street, Tokoza Township in the East Rand, Gauteng, on or about the 4th September 1993;
2. The burning of about six (6) shacks at A8 and A9 Mazibuko Street, Tokoza Township in the East Rand, Gauteng, on or about the 7th September 1993;
3. The burning of an unknown number of shacks at A9 Mazibuko Street, Tokoza Township in the East Rand, Gauteng, on or about the 25th September 1993;
4. The burning of four (4) shacks at A21 Lekwane Street, Tokoza in the East Rand, Gauteng, on or about the 30th October 1993 and -
5. The burning of a house belonging to Albert Mlaba at A21 Mazibuko Street, Tokoza Township in the East Rand, Gauteng, on or about the 5th October 1993.
The attacks took place at a time when there was a violent conflict between supporters of the African National Congress ("the ANC") and those who followed the Inkatha Freedom Party ("the IFP"). The said houses belonged to IFP supporters and were situated in the so-called IFP strongholds. At the hearing no evidence was received from the supposed victims of the Applicant's actions and no such victims had been traced. In the result the Applicant's evidence which was as follows was unopposed:
At the relevant time the Applicant was resident at Tokoza Township and supported the ANC. However, there were specific areas in Tokoza, especially the hostel dwellers who generally identified themselves with the IFP. Many residents in the area also supported the ANC. When the ANC and IFP conflict which was initially confined to the KwaZulu Natal region spread to Gauteng, ANC supporters were being attacked.
Many of them died in the course of the political intimidation and murderous assaults that were meted out on them and residents in general. Residents of the area set up Self-Defence Units ("SDUs") to protect themselves. Money was collected and weapons were purchased to repel the attacks. There were attacks and counter-attacks on IFP members and their houses. The Applicant took part in these activities with a crowd of SDU members who were being commanded by Bongane Caswell Nkosi. We hasten to mention that Nkosi was previously granted amnesty for all the attacks he carried out on IFP supporters as well as their properties. The attacks usually took the form of attacking specific IFP supporters who were known in the area and perceived IFP strongholds.
The Applicant, albeit not a prominent participant, took part in the burning of shacks belonging to IFP supporters. For example when the house of Albert Mlaba was attacked the Applicant demolished the wall that obscured the view of the SDU members and residents who were being targeted by IFP supporters. On that day two (2) ANC supporting women had been attacked and the Applicant and company burnt Mlaba's shack as an act of retaliation. Luckily for Mlaba he was not at home at the time and no person was injured. The Applicant further testified that it was their objective to force the IFP supporters to stop their attacks and intimidation of ANC supporters. The violence of the IFP supporters had the tacit and active approval of members of the Security Forces who were very biased in favour of the IFP.
After considering the uncontested Applicant's evidence and the evidence that was led in similar other applications, we are satisfied that the offences committed herein are "acts associated with a political objective" in terms of the Act. There is no doubt that the Applicant has complied with the formal requirements of the Act and further appears to have given a full disclosure of the relevant facts.
Amnesty is therefore GRANTED for all the offences. In the circumstances we recommend that Albert Mlaba and other IFP
members who were affected by these attacks be declared victims in terms of the Act. In making the recommendation we are quite alive to the fact that Mlaba was not there when his shack was burnt and that, in fact, no person was injured in the incident.
SIGNED AT CAPE TOWN ON THIS 12TH DAY OF FEBRUARY 2001
D POTGIETER, A-JUDGE
J MOTATA, JUDGE
ADV N SANDI
