DECISION
This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act"). The matter relates to an attack launched upon a farm at Kentane, Kei Mouth in the Border region by a Azanian Peoples' Liberation Army ("APLA") unit under Applicant's command between November and December 1992. The matter is being dealt with in chambers and the salient facts can be briefly summarised as follows.
Applicant joined the Pan Africanist Congress ("PAC") during 1989 and received military training in his capacity as a member of Apla in Zimbabwe during 1990. He was deployed in South Africa after completion of his training and was ordered by a superior, Sichumiso Nonxube alias Lester, to execute the operation in question. The farm in question was identified as a target by Sichumiso, whereafter Applicant was ordered to make the necessary reconnaissance which took approximately a week. The purpose of the attack was to destroy the security establishment of the then regime. The farmers formed an important component of that establishment and were therefore legitimate targets for attack in terms of the PAC/Apla policy.
Applicant was the commander of the unit of 6 members deployed for purposes of the operation. The group was accommodated at Kentane, a village which borders Kei Mouth. The group crossed the Kei River on foot and divided into two groups. They were all armed. The one group attacked a shop on the farm while Applicant's group attacked the main house. The shop was attacked with petrol bombs and the house with handgrenades.
The attack occurred in the early hours of the morning and resulted in no casualties. Only the two structures were damaged in the attack. It is clear, in our view, that the attack was directed at the structures in question and not at any individuals. If the attackers intended to attack any individuals the house would have been the main target of the attack. There was no likelihood of any persons being inside the shop at the time. Applicant also made the necessary reconnaissance and was in a position to ensure that the thrust of the attack was directed at the inside of the house, if the intention was to kill or injure any individuals. We are satisfied on the available evidence that this was never the intention or objective of the attack.
Having considered the matter, we are satisfied that the application complies with all of the requirements of the Act. Amnesty is accordingly hereby GRANTED to Applicant in respect of all offences and delicts which resulted from the malicious damage caused to the shop and main house on the farm at Kentane, Kei Mouth in the Border region between November and December 1992.
In our opinion the owner of the farm in question is a victim and the matter is accordingly referred for consideration in terms of Section 22 of the Act.
DATED AT CAPE TOWN THIS DAY OF 2001.
??
2
/...
/...
