DECISION
This is an application for amnesty for the bombing of the house of Elizabeth Ledwaba at 33 Seroti Street, Atteridgeville in which explosion William Ledwaba was killed and Julian Selepe seriously injured.
The 4th applicant suffered a serious heart attack a few days before the incident occurred and was in hospital at the time of the hearing of this incident. Testimony was received from all three other applicants. Only the 1st applicant had an independent recollection of the events. The evidence can be summarised as follows:-
May Ledwaba, also known as Squish, was the target of the attack. At the time of the incident he was an accused in a necklace murder trial, out on bail. Nobody was prepared to give evidence for the State and as it turned out the matter never proceeded to trial. May Ledwaba, according to information received from the informer network of the Northern Transvaal Security Branch, was actively involved in the so-called Street Committees and "Kangaroo Courts" in Atteridgeville. He was the only "judge" who could impose an execution by means of the notorious necklace method. He was prominent in several community based organisations. He in fact after the incident continued to be involved as an active member of MK in a series of operations, about which testimony was given, until his death in a shoot-out with police in 1992, whilst again out on bail pending further investigation on a charge of terrorism for which he had been arrested in 1991.
At the time of the incident there was a large scale violence and intimidation of residents of Atteridgeville and elsewhere. This resulted in a reluctance of citizens to testify against activists for fear of reprisal. As a result normal policing was effectively neutralised. Members of the South African Police, notably black policemen, became the targets of activists.
As a result of the above, units were formed within the Security Branch to fight "fire with fire". The 4th applicant as overall Commander of the northern Transvaal Security Branch sanctioned units and individuals under control of the 2nd applicant to respond to incidents of violence with counter violence. The 2nd and 3rd applicants were members of Unit B and the 1st applicant a member of Unit C, of the Northern Transvaal Security Branch, the latter also being an explosives expert.
On the 17 September 1986 the 2nd applicant instructed the 1st and 3rd applicants to accompany him to 33 Seroti Street in Atteridgeville. On the way there he informed them that Squish (May Ledwaba) and other activists a few days before had been involved in an attack on the home of a black policemen who had earlier shot and killed an activist. The funeral of the activist was due to take place on 19 September 1986. According to information received from informers, large scale attacks on homes of policemen were being planned by a group of activists, led by May Ledwaba, to take place after the funeral.
They travelled to Atteridgeville in a Cortina Station Wagon, fitted with false number plates in the early hours of 18 September 1986. The 3rd applicant was armed with an AK47. The 2nd applicant had brought along a bomb, a so-called "Mellow Yellow", which was a home-made device consisting of a tin container, approximately 10 inches high and 5 inches in diameter, fitted with steel roofing screws (to serve as shrapnel) and about 800 grams of pentolite, a commercial explosive. They stopped the vehicle about half a block away from 33 Seroti Street and set off on foot, the 2nd applicant carrying the bomb. All three entered the premises. The 2nd applicant, according to the 1st applicant, walked purposefully down an alley way on the northern side of the house, stopped at a particular window, ignited the bomb and hurled it through the window.
All three of them fled and they heard the explosion before reaching their vehicle. They returned to Pretoria. They all knew that innocent bystanders might be injured or killed in the incident. Later that same morning, at about 04h00, the 1st applicant received a telephone call from radio control and was summoned to the scene of the explosion at 33 Seroti Street, Atteridgeville as explosive expert, despite the fact that he was not on standby duty. He was not told that he would be called out. He proceeded again to 33 Seroti Street where he conducted an investigation. He deliberately failed to use wet acetone and did a dry smear to conceal the origin of the explosives, since it was not commonly used in explosive devices of Eastern Block origin. He knew that his conduct would render forensic identification of the nature and type of explosive virtually impossible. During the course of the morning he reported to the 4th applicant who was satisfied with his investigation and signed the letter he had prepared under cover of which the exhibits were to be forwarded to the forensic laboratory.
The above then is a brief summary of the evidence as adduced by the 1st applicant. The 2nd and 3rd applicants had no independent recollection of the specific incident. Their evidence was that they had been involved in hundreds of such attacks over the years. The evidence of the 1st applicant was however that it was in accordance with their modus operandi and they accepted it as true and correct. The 4th applicant, in his written application, did more or less the same, confirmed the practice and accepted responsibility.
No evidence was led on behalf of the victims. The evidence leader in cross-examination however did put their version to the 1st applicant which confirmed the factual elements of the attack. It appears however that the room targeted was in fact not the room occupied by May Ledwaba. That room was occupied by Walter Ledwaba and Julian Selepe, both grandsons of Elizabeth Ledwaba who was the owner of the house. May Ledwaba was born in that house and had lived there all his life, but occupied a different room.
Much of the cross-examination focused on the question of the proportionality of the act to the objective pursued. In this regard reference was specifically to the provisions of Section 20(3)(f) the Act. Sub-section 3(f) is however not a substantive clause, the terms of which have to be met by an applicant in order to qualify for amnesty. It is but one of the criteria to be considered in deriving at a decision as to whether an act is associated with a political objective.
Having regard to all the criteria stipulated in Section 20(3), the Committee is satisfied that the act indeed was associated with a political objective as envisaged in the Act. It is further clear that the incident occurred within the context of the conflicts of the past as envisaged in Section 20(1)(b) of the Act.
The Committee is also satisfied that the applicants have made a full disclosure of all relevant facts pertaining to the incident. Amnesty is accordingly GRANTED to all four applicants for all the acts, omissions and offences related to the incident including:-
the attempted murder of May Ledwaba;
the attempted murder of Julian Selepe;
the murder of Walter Ledwaba;
malicious injury to the property of Elizabeth Ledwaba;
the illegal possession of explosives; and
defeating the ends of justice.
The Committee is further of the opinion that May Ledwaba, (since deceased), Walter Ledwaba (deceased), Julian Selepe and Elizabeth Ledwaba are victims as envisaged in Act and their particulars or the particulars of their next of kin respectively, are being forwarded to the Reparations and Rehabilitation Committee for its consideration.
Signed at Cape Town on this the day of 2001.
JUDGE A WILSON
JUDGE R PILLAY
MR W MALAN
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