decisions AMNESTY DECISIONS JOSEPH MDUMISENI BHENGU AC/99/0296 AM 3887/96 GRANTED https://sabctrc.saha.org.za/hearing.php?id=58971&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/1999/ac990296.htm DECISION _____________________ This is an application 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"). Attempted murder of Abel Matsabo on or about 24 November 1989 at or near Haggie Rand Hostel, Jupiter, Cleveland, Johannesburg; Attempted murder of Johannes Mabaso on or about 6 December 1989 at or near George Goch Hostel, Penrose, Johannesburg; Attempted murder of Peter Maponya on about 22 February 1990 at or near Tembisa, Kempton Park; Attempted murder of Mack Thabo on the date and place set out in paragraph 3 above; Murder of Bernard Marekane on or about 28 March 1990 at or near Mazibuko Hostel, Katlehong, Alberton; Murder of Dugmore Bongane April on or about 3 April 1990 at or near Tembisa, Kempton Park; The unlawful possession of a 9mm pistol and a .357 Magnum revolver during the period November 1989 to May 1990 at various places in the districts of Johannesburg, Kempton Park, Alberton and Germiston; Unlawful possession of 9mm, .357 and .38 ammunition at the dates and places set out in paragraph 7 above. Applicant has testified in support of the application. Although one of his former co-accused, Richard Ngobeni, was present at the proceedings he was not called to testify in view of the fact that his version, which is contained in an affidavit forming part of the papers in this matter, is common cause. All of the victims or their next-of-kin who were identifiable and had been located were duly notified of the application, but none of them attended the proceedings. The application is accordingly unopposed. We proceed to briefly set out the relevant factual background. During 1989 all of the labour unions affiliated to the Congress of South African Trade Unions ("Cosatu") engaged in a ban on overtime work in protest, inter alia, against the amended provisions of the Labour Relations Act No. 28 of 1956. Numsa is a Cosatu affiliated labour union which was active at the Haggie Rand factory. A dispute had arisen between Numsa and management at the factory concerning overtime work. This eventually resulted in a strike at the factory on 23 October 1989. Pursuant to the strike approximately 250 Numsa members were dismissed and temporary workers, also referred to as scab labour, were employed by the management. Those workers who were not dismissed continued working at the factory. According to newspaper reports which form part of the papers before us, there are indications that the Inkatha Freedom Party aligned United Workers Union of South Africa also maintained a presence at the Haggie Rand factory. This situation set the scene for a violent conflict resulting from the Numsa industrial action. In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all the counts on which he was convicted as more fully set out above. In our opinion the persons injured in these incidents as well as the next-of-kin of the deceased, are victims in relation to the respective acts for which amnesty is hereby granted and they are accordingly referred for consideration in terms of the provisions of Section 22 of the Act. DATED at .........................this................. day of .........................1999. _________________________ JUDGE DENZIL POTGIETER _________________________ ADV. CHRIS DE JAGER ________________________ ADV. FRANCIS BOSMAN