DECISION
This Applicant was a member of the ANC and a senior officer in MK. He was Chief of Intelligence, Natal Urban Command from 1981 to 1983; Chief of Intelligence Natal Command 1983 to 1985 and was stationed at the Military Intelligence Desk, Lusaka from 1985 to 1990.
He applies for amnesty in respect of two incidents involving car bombs. These being the Victoria Embankment car bomb on the 3rd April 1984 and the Jacobs car bomb on the 12th July 1984. In respect of these two incidents he stated in an affidavit that he, with his commander the late Thami Zulu, met with the late Cyril Raymond a.k.a. "Fear" and a person known as "Rabbit". They discussed car bombs and other operations to be launched against military targets in the Durban area where "Fear" was the Chief of Operations. Lalla understood that persons including civilians might be injured or killed in a car bomb operation.
He also applied for amnesty in respect of all the incidents listed in respect of Operation Butterfly. In the light of the fact that no evidence was led in respect of Incidents 3, 4, 5, 6 and 7 he abandoned his application in respect of these incidents.
It emerged from the evidence that the Applicant not only discussed the planning of attacks on military targets, he provided or arranged for the provision of the explosives and detonators used in the construction of car bombs. Unfortunately, no evidence was led before us as to what the intended targets were or how the explosions actually occurred. What we were told was that as a result of the Victoria Embankment explosion Mrs Eric Green and Mr and Mrs Rangasami were killed. Mr Green's husband, Mr Frank Green is clearly a victim as are Mr Govansamy and Inspector Stanley Chetty, the brothers of Mr Rangasami. There may be other relations who have not as yet been specified. Twenty people were injured but we have no information as to their identity. At the scene of the Jacobs explosion five people were killed, these being Mjixwa Nkomo, Makhelwane Mgadi, Joshua Pillay, Phaltokwakhe Simamane and Bongwa Simamane. Twenty seven people whose names we were not given were injured. Mrs Pillay whom we understood to be the mother of the deceased Mr Rangasami was present at the hearing.
The Applicant applied for amnesty in respect of the part he played in all the operations carried out as part of Operation Butterfly which are the subject of amnesty applications before us. He took no part in any of the operations on the ground and was not in the country at the time. He was one of those who planned the setting up of the whole operation and the subsequent delegation of authority in respect of actual incidents to the Unit Commanders at the time. The planners were, however, fully aware of what was to be done and in many instances were responsible for supplying the weaponry or explosives to the units.
We are satisfied on the evidence we have heard during these hearings that the Applicant was acting on behalf of a liberation movement in the course of its struggle and that what he did was done with a political objective in terms of the Act. We are satisfied he has made a full disclosure and that any flaws in his evidence or differences from that of other Applicants are due to the time that has elapsed and to the numerous other events he must have had notice of.
It was suggested that in the light of the fact that civilians were killed this should not be considered to be an act associated with a political objective. In this regard we refer again to the passage from Thirion J's judgment set out in our decision of Ramlakan and Eight Others. We do not accept this argument.
We are accordingly of the view that the Applicant is ENTITLED to amnesty in respect of his participation in the two car bomb incidents which occurred on the Victoria Embankment on the 3rd April 1984 and at Jacobs on the 12 July 1984 and to amnesty in respect of the role he played in the planning, facilitation and implementation of Operation Butterfly and all incidents carried out in furtherance of or arising from that operation and of all acts, offences or delicts arising therefrom.
The Committee is of the opinion that the relatives and dependants, are victims and they are referred in terms of Section 22(2) to the Committee on Reparation and Rehabilitation for consideration in terms of Section 26 of Act 34 of 1995.
SIGNED AT CAPE TOWN ON THE 17TH DAY OF MAY 2001
A WILSON, J
I LAX
J B SIBANYONI
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