DECISION
Both applicants were members of the ANC and its Armed Wing Umkhonto weSizwe. The first applicant was the commander of a unit of MK, operating within the Republic of South Africa, of which unit the 2nd applicant and Christopher Khumalo were members.
The unit was specifically instructed to conduct armed operations in Tembisa. On the 6th October 1988 they planted a limpet mine at the Administration offices in Tembisa. The mine was set to explode at lunch time. Five victims were injured, some rather seriously.
On the 10th October the Tembisa Police Station Barracks was similarly bombed. Three people sustained injuries.
Both applicants were charged and convicted and sentenced to imprisonment.
At the trial the full political background and motive was disclosed.
Both applicants received indemnity and were released from prison at Robben Island.
The ANC, in its second submission to the TRC on page 98, accepted responsibility for these incidents.
The committee is satisfied that the acts of the applicants were committed with a political objective within the context of the conflicts of the past and that the applicants made a full disclosure of facts relevant to the incidents.
Both applicants are therefor GRANTED amnesty.
The committee is further of the opinion that the following persons are victims as envisaged in the Act:-
Of the first incident:
Elias Moshishi
Esrom Mothago
Yvonne Madlala
Simon Phahlamohlaka
Elizabeth Sehomane
and of the second incident
Marcus Ramele
Victor Chuene
James Maloto
Their names are being referred to the Reparation and Rehabilitation Committee for consideration.
SIGNED AT CAPE TOWN THIS THE DAY OF 2001.
JUDGE N J MOTATA
ACTING JUDGE C DE JAGER
MR W MALAN
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