<?xml version="1.0" encoding="windows-1252"?>
<hearing xmlns="http://trc.saha.org.za/hearing/xml" schemaLocation="https://sabctrc.saha.org.za/export/hearingxml.xsd">
	<systype>decisions</systype>
	<type>AMNESTY DECISIONS</type>
				<names>PETER MALULEKA</names>
	<case>AC/99/0235</case>
	<matter>AM 5740/97</matter>
				<decision>GRANTED</decision>
	<url>https://sabctrc.saha.org.za/hearing.php?id=58913&amp;t=&amp;tab=hearings</url>
	<originalhtml>https://sabctrc.saha.org.za/originals/decisions/1999/ac990235.htm</originalhtml>
		<lines count="14">
		<line number="1">
			<speaker></speaker>
			<text>DECISION</text>
		</line>
		<line number="2">
			<speaker></speaker>
			<text>______________________________________________________</text>
		</line>
		<line number="3">
			<speaker></speaker>
			<text>This is an application for amnesty  by Peter Maluleka, a former  member  of uMkhonto weSizwe (MK), the then military wing of the African National Congress (ANC). The application is for damage to the property and unlawful possession of a &quot;super&quot; limpet mine in contravention  of the Explosives Act.  Presently  he is the Chairperson of the Executive Committee of the  Greater Pretoria  Metropolitan, and is also chairperson of the ANC in the Pretoria Region. </text>
		</line>
		<line number="4">
			<speaker></speaker>
			<text>Briefly, on the 15 April 1988 the applicant  placed  a limpet  mine  at  Church Street next to Van Aswegen&#039;s Store in Pretoria. He  timed  the device to explode  in a matter of minutes. When the device exploded  it caused damage to the Van Aswegen&#039;s Store  building and other enterprises in the vicinity,  namely Uithou XT9;  Renault Bicycle Shop;  Jaka Foam and Lion Bridge.</text>
		</line>
		<line number="5">
			<speaker></speaker>
			<text>The applicant says in  carrying out the operation he was acting  on the orders of the commander, Odeille &quot;Mainstay&quot; Maponya who died on the same day whilst trying to execute another limpet mine explosion which prematurely went off. A few minutes  before that the two had  met and decided that they would select  suitable targets in the Pretoria CBD area. They then went in different directions, each one to carry out his own operation. When Maponya&#039;s explosive went off  and killed him, the applicant  panicked. He says  he decided  to &quot;get rid&quot;  of the  explosive by planting  it near Van Aswegen  Store.  He could not afford to be arrested by police who were going up and down the area in reaction  to the Maponya  explosion. No  person was killed  in both explosions. The applicant also says he had received  training  on explosives from Maponya and Rodney Abraham Moeketsi Toka (AM6034/97) who has applied  for amnesty  for separate actions. The explosions  were  intended  to make  a political  statement  of ANC presence in the country, and to spearhead its armed  propaganda to instil  fear in and to demoralise the security  forces  of the  previous  government.</text>
		</line>
		<line number="6">
			<speaker></speaker>
			<text>Having  regard to the evidence as a whole, the Committee is satisfied that the applicant has complied with the requirements of the Act. It is clear  that  he  was acting  for the ANC and MK, of which  he was a member. He also had an order to do what he did.</text>
		</line>
		<line number="7">
			<speaker></speaker>
			<text>There is no indication that he has not given a full disclosure. Amnesty is accordingly GRANTED for damage to property in Church Street, Pretoria in the vicinity of the premises then occupied  by Van  Aswegen&#039;s  Store on the 15th April 1988 and unlawful possession of a &quot;super&quot; limpet mine on the date mentioned.</text>
		</line>
		<line number="8">
			<speaker></speaker>
			<text>Signed at Cape Town on this......... day of  ...................... 1999.</text>
		</line>
		<line number="9">
			<speaker></speaker>
			<text>...........................................</text>
		</line>
		<line number="10">
			<speaker></speaker>
			<text>JUDGE S. MILLER</text>
		</line>
		<line number="11">
			<speaker></speaker>
			<text>...........................................</text>
		</line>
		<line number="12">
			<speaker></speaker>
			<text>ADV.  DE JAGER S.C.</text>
		</line>
		<line number="13">
			<speaker></speaker>
			<text>............................................</text>
		</line>
		<line number="14">
			<speaker></speaker>
			<text>ADV.N.SANDI</text>
		</line>
	</lines>
</hearing>