DECISION
These are applications 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 the following three incidents:
1. Petrol bomb attack on McGregor Store at Kempton Park on 7 June 1986;
2. Limpet mine attack on the Actonville Administration Offices at Benoni on 1 September 1988;
3. Limpet mine attack on police barracks at Katlehong during or about the period September - October 1988.
A co-perpetrator in respect of the McGregor Store attack, Elias Vusumuzi Nhlapo has also applied for amnesty in respect of that incident but has since died. Both Applicants were at all material times members of Umkhonto weSizwe ("MK") the military wing of the African National Congress ("ANC"). None of them has been charged in respect of any of the incidents which will now be dealt with separately.
ATTACK ON McGREGOR STORE
The incident occurred during business hours on a Saturday morning. Applicants attacked the store with a petrol bomb on the instructions of their MK commander, one Edward as well as one Zodwa Radebe a leader at the time of the Women's League affiliated to the United Democratic Front. The latter has passed away recently. The attack followed a march organised by the Women's League in Tembisa for the purpose of handing over a petition containing the grievances of the Tembisa community to the Magistrate at Kempton Park. The march was violently dispersed by the police and many marchers, mostly women, were assaulted and injured in the process. Some of the Kempton Park shop owners, including McGregor Store, made common cause with the police by either ejecting marchers who were seeking refuge in their stores or closing their doors in order to prevent the marchers from escaping the actions of the police.
In execution of their orders, Applicants launched the petrol bomb attack against McGregor Stores, causing considerable damage to the property. No death or injuries resulted from the attack.
ATTACK ON ACTONVILLE ADMINISTRATION OFFICES
Only the first Applicant, Zondo, was involved in this incident. The attack was launched in the early hours of the morning. Zondo used a limpet mine to cause damage to the front of the building. No deaths or injuries resulted from the explosion and relatively minor damage was caused to the building. Applicant was acting in his capacity as a member of MK with the objective of protesting against the pending tricameral system elections at the time.
ATTACK ON KATLEHONG POLICE BARRACKS
First Applicant, Zondo, acting on his own, launched the attack during the evening. He placed a limpet mine on one of the walls of the building. Some damage was done to a portion of the building in the subsequent explosion but no deaths or injuries resulted from the incident. First Applicant was acting in his capacity as a member of MK. The objective of the attack was to retaliate against police brutality committed against the Katlehong community.
Having carefully considered the matter, we are satisfied that all of the incidents were associated with a political objective. At all material times, Applicants were acting in their capacities as members of MK and the attacks fell within the policies and mandate of MK. All of the attacks accordingly constitute acts associated with a political objective as envisaged in Section 20 of the Act. We are also satisfied that the applications comply with all of the other requirements of the Act.
In the circumstances amnesty is GRANTED to Victor Kholisile Tshunungwa in respect of a petrol bomb attack on McGregor Store, Kempton Park on 7 June 1986 and in respect of Phillip Sipho Zondo in respect of all the incidents referred to at the beginning of this decision.
DATED AT CAPE TOWN THIS 31ST DAY OF MAY 2001
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