: DECISION
Initially there were four Applicants in this matter. At the hearing, the legal representative who appeared on behalf of the first Applicant, Ronnie Kasrils, contended that there was no application before the Committee since his client was not in a position to identify particular incidents in respect of which he would qualify for amnesty. The Committee did not accept this argument and his application was struck from the roll.
The remaining three Applicants who all testified under oath proceeded with their applications. They apply for amnesty for certain offences and delicts flowing from landmine explosions that occurred on rural roads in the Messina district during the latter part of 1985.
The Applicant, Mncube, managed to escape after his initial arrest. During his escape he shot and killed two policemen Theunis Johannes Gerber and Joachim Marthinus Nel on 26 December 1996. He is also applying for amnesty for these killings. He was later re-arrested, charged and convicted together with the Applicant, Nondula, on a number of criminal charges relating to the explosions. Applicant Mbuli was never arrested nor charged and he is applying for amnesty for all offences flowing from or associated with the landmine explosions that occurred in the area. According to the evidence, he was in the same group as the Applicant, Mncube.
The laying of the landmines, sanctioned by the African National Congress (ANC) leadership and the Umkhonto weSizwe (MK) High Command, targeted members of the security forces and commandos who were patrolling the Messina border area but resulted in the deaths and injury of a substantial number of civilians.
There were altogether eight incidents involving the explosion of landmines.
1. An explosion damaging a vehicle KGD 621T on 26 November 1985 at or near Weipe in the district of Messina which resulted in the death of Mr Edward Meluba and injury of the driver of the vehicle, Mr Elija Makgamata.
2. An explosion damaging a Toyota bakkie KMN 580T belonging to a Mr Gert de Villiers on 26 November 1985 at or near Messina.
3. An explosion damaging a tractor TD 2860 on 27 November near Weipe in the district of Messina resulting in the death of Mr Glabi Philemon Ncube.
4. And explosion involving a military vehicle R23654 on the farm Bergen-on-Zoom at or near Messina on 27 November 1985 on the farm Overvlakte in the district of Messina injuring Constable Philemon Motaung.
6. An explosion involving a police Casspir vehicle BDL 706 B on 27 November 1985 on the farm Overvlakte in the district of Messina injuring a Mr Fourie and Mr Piet Mapotele.
7. An explosion killing six and injuring five occupants of a Nissan bakkie KRN 675 T, near Messina on 15 December 1985. All the occupants were members of the De Nysschen and/or Van Eck families.
8. An explosion on 12 December 1986 involving a vehicle KDL 571 T on the farm Overvlakte at or near Messina injuring Mr Willem du Plessis Janse van Rensburg.
The applications were opposed by members of the De Nysschen and Van Eck families on the ground that the Applicants went outside the parameters of the campaign that was authorised by the leadership of the ANC. At the conclusion of the hearing an application was made on behalf of the abovementioned victims that certain individuals from the ANC leadership be subpoenaed to give further evidence to shed further light on this issue but in an interim ruling this application was refused. The Committee found that the Applicants were merely foot soldiers who only obeyed the orders given to them by their commanders.
All three remaining Applicants were members of MK and were part of a twelve-man unit which was tasked to lay the landmines. They received their briefing before entering the country from their overall commander only known as Mancheck.
After entering the country, the unit was split into two groups of six. Applicant Nondula was in the group commanded by one Agrippa and Applicants Mncube and Mbuli were in the group that was commanded by one Chilies. Despite the fact that the unit split into two groups after having entered South Africa they clearly associated themselves with the whole operation as set out at the time of the initial briefing by Mancheck.
The Applicants were not involved in the reconnaissance of the area where the mines were to be laid. Their only involvement in the incidents was to attend the briefing prior to infiltrating into the country and, once in the country, laying the mines. They did not select the places where the mines were planted. They planted the mines in execution of orders given to them by their respective commanders.
The Applicants were not in a position to identify the individual victims and the exact consequences of the explosions. They could therefore not deny that the victims, identified in the subsequent police investigation, and as set out in the indictment in the criminal trial of the Applicants Mncube and Nondula, correctly reflect their identities.
After consideration of all the evidence placed before it, the Committee is satisfied that the Applicants have complied with all the requirements for amnesty in terms of Section 20 of the Promotion of National Unity and Reconciliation Act, 34 of 1995. The relevant acts were acts associated with a political objective in line with the policy and orders of the leadership of the ANC and the MK High Command. The Committee is further satisfied that the Applicants have made a full disclosure of all relevant facts.
Accordingly amnesty is GRANTED:
1. To Mthetheleli Zephania Mncube for all offences and delicts directly associated or flowing from
1.1 An explosion damaging a vehicle KGD 621T on 26 November 1985 at or near Weipe in the district of Messina which resulted in the death of Mr Edward Meluba and injury of the driver of the vehicle, Mr Elija Makgamata.
1.2 An explosion damaging a Toyota bakkie KMN 580T belonging to a Mr Gert de Villiers on 26 November 1985 at or near Messina.
1.3 An explosion damaging a tractor TD 2860 on 27 November near Weipe in the district of Messina resulting in the death of Mr Glabi Philemon Ncube.
1.4 An explosion involving a military vehicle R23654 on the farm Bergen-on-Zoom at or near Messina on 27 November 1985 injuring two occupants.
1.5 An explosion involving a Casspir vehicle BDL 706 B on 27 November 1985 on the farm Overvlakte in the district of Messina injuring Constable Philemon Motaung.
1.6 An explosion on 12 December 1985 involving a military vehicle R9547 on the Bergen-op-Zoom in the district of Messina injuring Mr Fourie and Mr Piet Mapotele.
1.7 An explosion killing six and injuring five occupants of a Nissan bakkie KRN 675 T, near Messina on 15 December 1985. All the occupants were members of the De Nysschen and/or Van Eck families.
1.8 An explosion on 12 December 1986 involving a vehicle KDL 571 T on the farm Overvlakte at or near Messina injuring Mr Willem du Plessis Janse van Rensburg.
1.9 The killing of Theunis Johannes Gerber and Joachim Marthinus Nel at or near Messina on or about 26 December 1986.
2. To Mzondeleli Euclid Nondula for all offences directly associated with or flowing from:
2.1 An explosion damaging a vehicle KGD 621T on 26 November 1985 at or near Weipe in the district of Messina which resulted in the death of Mr Edward Meluba and injury of the driver of the vehicle, Mr Elija Makgamata.
2.2 An explosion damaging a Toyota bakkie KMN580T belonging to a Mr Gert de Villiers on 26 November 1985 at or near Messina.
2.3 An explosion damaging a tractor TD 2860 on 27 November near Weipe in the district of Messina resulting in the death of Mr Glabi Philemon Ncube.
2.4 An explosion involving a military vehicle R23654 on the farm Bergen-on-Zoom at or near Messina on 27 November 1985 injuring two occupants.
2.5 An explosion involving a Casspir vehicle BDL 706 B on 27 November 1985 on the farm Overvlakte in the district of Messina injuring Constable Philemon Motaung.
2.6 An explosion on 12 December 1985 involving a military vehicle R9547 on the Bergen-op-Zoom in the district of Messina injuring Mr Fourie and Mr Piet Mapotele.
2.7 An explosion killing six and injuring five occupants of a Nissan bakkie KRN 675 T, near Messina on 15 December 1985. All the occupants were members of the De Nysschen and/or Van Eck families.
2.8 An explosion on 12 December 1986 involving a vehicle KDL 571 T on the farm Overvlakte at or near Messina injuring Mr Willem du Plessis Janse van Rensburg.
3. To Jabulani Mbuli for all offences and delicts directly associated with or directly flowing from:
3.1 An explosion damaging a vehicle KGD 621T on 26 November 1985 at or near Weipe in the district of Messina which resulted in the death of Mr Edward Meluba and injury of the driver of the vehicle, Mr Elija Makgamata.
3.2 An explosion damaging a Toyota bakkie KMN580T belonging to a Mr Gert de Villiers on 26 November 1985 at or near Messina.
3.3 An explosion damaging a tractor TD 2860 on 27 November near Weipe in the district of Messina resulting in the death of Mr Glabi Philemon Ncube.
3.4 An explosion involving a military vehicle R23654 on the farm Bergen-on-Zoom at or near Messina on 27 November 1985 injuring two occupants.
3.5 An explosion involving a Casspir vehicle BDL 706 B on 27 November 1985 on the farm Overvlakte in the district of Messina injuring Constable Philemon Motaung.
3.6 An explosion on 12 December 1985 involving a military vehicle R9547 on the Bergen-op-Zoom in the district of Messina injuring Mr Fourie and Mr Piet Mapotele.
3.7 An explosion killing six and injuring five occupants of a Nissan bakkie KRN 675 T, near Messina on 15 December 1985. All the occupants were members of the De Nysschen and/or Van Eck families.
3.8 An explosion on 12 December 1986 involving a vehicle KDL 571 T on the farm Overvlakte at or near Messina injuring Mr Willem du Plessis Janse van Rensburg.
The following persons are in the opinion of the Committee victims and they are referred to the Committee on Reparation and Reparation for consideration:
Mr Johannes Frederick van Eck the next-of-kin of the Van Eck family members killed, Mr Johannes Jacobus De Nysschen, next-of-kin of the De Nysschen family members killed, Mr Willem du Plessis Janse van Rensburg, Marthinus Wessel Pretorius van Tonder, Meloma Jackson Ngobeni, Robert Matebula, Titos Nick Frombie, Johannes Josias Prinsloo, Patrick George Mlangeni, Masungi Willie Mhlari, Musa Chigabe, Mkgalo Abel Malatjie, Meonard Silas Ndarera, Handswell Benedick Chiberi, Hermanus Stephanus Pelcher, Ngaka Philemon Motaung, Daniel Christiaan Fourie, Piet Mapotele, David Con Marchall Lundie, Gert Jacobus de Villiers, Elijah Makgamata, HP Fourie, the next-of-kin of Mr Edward Meluba killed, Mrs R Nel, next-of-kin of Joachim Marthinus Nel killed, the next of kin of Theunis Johannes Gerber killed.
SIGNED AT CAPE TOWN THIS 6TH DAY OF MARCH 2001
JUDGE S MILLER
ADV F BOSMAN
MR JB SIBANYONI
