Truth Commission Special Report
Decision - 59504

Type: AMNESTY DECISIONS
Names: PHILLIP SIPHO ZONDO     FIRST,VICTOR KHOLISILE TSHUNUNGWA   SECOND
Matter: AM6029/97,AM5599/97
Decision: GRANTED
URL: https://sabctrc.saha.org.za/hearing.php?id=59504&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21223.htm
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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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