decisions AMNESTY DECISIONS MOTLANA ATASIOS MPHORENG AM 2740/96 GRANTED https://sabctrc.saha.org.za/hearing.php?id=59184&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2000/ac200203.htm DECISION This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995. the applicant is seeking amnesty for the following crimes:- 1. The murder of a "white security guard at or near Orlando East, Soweto, during or about 31 July 1986; and 2. Unlawful possession of an unlicensed firearm and ammunition. Although the matter was set down in order to hear the evidence of both the present applicant and his co-applicant, Mxolisi Ernest Thandakubona, the latter did not turn up at the hearing. No advices had been received from him to explain his position and the reason for his absence. His legal representative, Mr Maleka, had also not heard from him and in the circumstances the committee was compelled to proceed on the basis that there was only one applicant, namely Mr Mphoreng. Before the evidence was heard the Committee was advised that the next-of-kin of the deceased have since left the country and their whereabouts overseas could not be located. We now proceed to deal with his evidence. The applicant testified that at the relevant time there was a violent conflict between AZAPI and United Democratic Front ("UDF") supporters. The conflict first started in the Eastern Cape and spread to Gauteng, specifically Soweto, where AZAPO members and supporters were targeted and attacked. Explaining the reason for the operation which led to the attack of the security guard, the applicant said they needed arms to protect themselves. Moreover, as part of the political ideology of AZAPO, members were taught that the private business sector was providing the National Party regime with financial support. This made them a political enemy of AZAPI and the black liberation struggle in general. At the time AZAPO was involved in struggle to overthrow the previous political regime. In this context, private security companies were seen as part of the enemy; their personnel were to be attacked and killed. Their firearms would be confiscated and used to defend AZAPO members and advance the general struggle against the regime. On a certain day the applicant and other trained members of AZAPO, namely Ernest Thandakubona, Skhumbuzo and Thabo Mathala were given orders by Mcwera and Seema to attack members of security guard companies which were escorting commercial vehicles into the township. They were delivering food and other commodities to general dealers, No specific target was pointed out and at the time many townships in Soweto were ravaged by political violence. Commercial vehicles were being attacked. On the day of execution of the order the applicant and all the above-mentioned members of his group, with the exception of Skhumbuzo, were armed with pistols which had been provided by the aforesaid commanders. One of the documents that were placed before the Committee was an affidavit from a national executive member of AZAPO, Lybon Tiyani Mabasa (exhibit "A"). He states that he personally knows Mcwera and Seema as AZANLA cadres who were deployed inside the country to carry out operations on its behalf. He further confirms the political membership of the applicant and Thandakubona and that they were so recruited to carry out acts on behalf of AZAPO. Although this was not viva voce evidence the averments are uncontested and we have no difficulty to accept them. Having considered the evidence and all available information as contained in the relevant documentation before the Committee, we are satisfied that the applicant has complied with the requirements of the Act. We accept that his acts were committed with a political objective as required by the Act. He further appears to have given a full disclosure of the relevant facts. Amnesty is therefore GRANTED for both offences and any delict flowing from the incident. SINGED on the 15 day of November 2000 _____________________________ ACTING JUDGE D POTGIETER SC _____________________________ N J MOTATA (AJ) _____________________________ ADV N SANDI