Truth Commission Special Report
Decision - 58905

Type: AMNESTY DECISIONS
Names: PUMLANI KUBUKELI,TEMBA MNGUNI,MTUTUZELI NGOZWANA
Case Number: AC/99/0227
Matter: AM 5180/97,AM 307 /96,AM 301/ 96
Decision: GRANTED
URL: https://sabctrc.saha.org.za/hearing.php?id=58905&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/1999/ac990227.htm
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DECISION

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The applicants make application for amnesty in terms of  Act 34 of 1995 (the Act) and in respect of Robbery. Kubukeli also applies  in respect of the unlawful possession of an AK47 firearm  and a handgrenade.

Kubukeli was at the time of the commission of the offences a member of Umkhonto weSizwe (MK) the military wing of the African  National Congress (ANC). He was  deployed  in Umtata and reported directly to the Chief of Staff of MK, the late Mr  Chris Hani.

As part of his functions, the applicant had to train recruits  in the use of weapons and was also responsible for providing food for the recruits during  training.  It seems  that  the Umtata division  of MK had budget constrains  and the required training  was being  stifled  because of a lack of funds needed to purchase firearms and food  for the  process.

As a result of the precarious financial position, the matter was discussed with the chief of MK and it was decided that alternative  means, including robbery, in order to obtain the required finance, should  be employed. The proviso was that there should be no loss of life and the target should be that of rich white people.

In compliance therewith he elicited the assistance of Mnguni and Ngozwana and  embarked on the mission of robbing the nearby  Engcobo Wiers Cash and Carry with the use of threats by means of  a firearm. This they succeeded in doing without causing any injury or damage. Kubukeli did this alone while the other two provided support and cover.

Upon his arrest, Kubukeli was also found in unlawful possession of an AK47 firearm and a handgrenade. This  he possessed in his capacity, it seems, as an MK member.

They were subsequently convicted of armed robbery and Kubukeli was also convicted of the unlawful possession of an AK 47 firearm and a handgrenade.

Clearly the robbery and the unlawful possession  of the firearm  and grenade were committed for political reasons.  Furthermore  it seems also that  they disclosed all that  was  required to do in terms  of the Act.

We are satisfied that they have indeed complied with the requirements  of the Act and in the result amnesty is GRANTED  in respect of the offence of robbery to all the applicants and also  for the offence of unlawful possession of the AK47 and handgrenade to Kubukeli.

Dated at Cape Town this.............day of ......................... 1999.

Signed:       ..................................