Truth Commission Special Report
Decision - 59500

Type: AMNESTY DECISIONS
Names: KHAYALETHU THANKSLORD MBANE
Matter: AM6531/97
Decision: GRANTED
URL: https://sabctrc.saha.org.za/hearing.php?id=59500&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21219.htm
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DECISION

This is an application in terms of Section 18 of the Promotion   of National Unity and Reconciliation Act, No. 34 of 1995.  The Applicant avers   that during or about January 1997 he petrol-bombed the Woolworths Shopping Complex   in Adderley Street, Cape Town.  No person was injured as the result of the attack.    He also claims that in preparing the petrol bomb and executing the attack he   acted in collaboration with one Patrick Makaya Mwanda and his other companions   in the struggle against the previous regime.  None of them were arrested and   charged for the incident.  He states that at the relevant time members of the   Security Forces had shot and killed many demonstrators in the black townships   of Cape Town.  

He further avers that after a public meeting which was held   in a church hall in Guguletu it was decided that a black Christmas be observed   to make a political statement and protest against the killings.  It was further   decided that some kind of "revenge action" be taken against the white   voters.  The aim was not to kill or injure any person but to burn as many white   businesses as possible in Cape Town.  The Applicant states that at the meeting   he was a prominent speaker.  He proposed that they arm themselves with sticks   and knives.  This was merely to defend themselves in case they were attacked.

After carefully considering the matter we are satisfied   that the Applicant has made a full disclosure of the relevant fats.  We accept   that the incident occurred as a result of the conflict of the past.  The Applicant   has complied with the requirements of the Act and in the circumstances it is   accepted that he committed "an act associated with a political objective"   as required by the Act.

In the result amnesty is GRANTED   to the Applicant for arson.

DATED AT CAPE TOWN THIS 31ST DAY   OF MAY 2001

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