<?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>VELAPHI SAZI FLAVIOUS MSANE</names>
		<matter>AM7374/97</matter>
				<decision>GRANTED</decision>
	<url>https://sabctrc.saha.org.za/hearing.php?id=59385&amp;t=&amp;tab=hearings</url>
	<originalhtml>https://sabctrc.saha.org.za/originals/decisions/2001/ac21103.htm</originalhtml>
		<lines count="39">
		<line number="1">
			<speaker></speaker>
			<text>DECISION</text>
		</line>
		<line number="2">
			<speaker></speaker>
			<text>The Applicant makes application   for amnesty in terms of the Promotion of National Unity and Reconciliation Act   34 of 1995 as amended (the Act) in respect of:</text>
		</line>
		<line number="3">
			<speaker></speaker>
			<text>1.    Indeterminate number of murders;</text>
		</line>
		<line number="4">
			<speaker></speaker>
			<text>2.    Indeterminate number of attempted murders;</text>
		</line>
		<line number="5">
			<speaker></speaker>
			<text>3.    Two counts of sabotage;</text>
		</line>
		<line number="6">
			<speaker></speaker>
			<text>4.    Four counts of attempted sabotage;</text>
		</line>
		<line number="7">
			<speaker></speaker>
			<text>5.    Contravention of the Explosives Act No 26 of 1956;</text>
		</line>
		<line number="8">
			<speaker></speaker>
			<text>6.    Contravention of the Arms and Ammunition Act No 75   of 1969.</text>
		</line>
		<line number="9">
			<speaker></speaker>
			<text>The Applicant was a member of Umkhonto weSizwe (MK), the   military wing of the African National Congress (ANC) which he joined in 1973.    He left the country in 1976 and underwent military training while abroad.  His   training including the use of firearms, manufacture and use of explosives and   in political thought.  Once he was trained to the satisfaction of his leader,   he was infiltrated back into South Africa in April 1980 with a colleague, who   is now deceased.  He was part of the Solomon Mahlangu Special Operations outfit.    They had to purchase a motor vehicle to be used in special operations with the   intention that operations would commence on the 1st June 1980.  On the 25th   May 1980, they collected other members of the unit at the border.  All in the   group numbered ten persons and they proceeded deeper into South Africa in order   to effect economic sabotage on strategic installations.</text>
		</line>
		<line number="10">
			<speaker></speaker>
			<text>Their first operation, s planned, was to blow up an installation   which was then referred to as Secunda II.  Two other targets were also identified.    The other two were Sasolburg and Natref the respective petroleum and coal producing   installations.  In 1982, the group was divided into a sabotage unit and another   into an artillery group.  The Applicant chose the artillery group.</text>
		</line>
		<line number="11">
			<speaker></speaker>
			<text>Applicant was only part of the planning of the attack on   Secunda II in 1980.  In any event this is an incident for which amnesty is not   sought.  The rest, including the Applicant, went towards the Sasolburg and Natref   installations.  The Applicant placed two limpet mines on the petrol tanks at   Sasolburg on 31 May 1980.  He bypassed the detecting mechanism by cutting through   the wire fence.  Three of them went to Sasolburg and three went to Natref.    They thereafter went back to Soweto and then to Mozambique.</text>
		</line>
		<line number="12">
			<speaker></speaker>
			<text>The Natref incident was foiled because that group was confronted   by the security guards and the effort failed.  Scorpio a unit member in the   Natref group, shot Mr Robert Nthembuluseni who was a guard.  He was injured.</text>
		</line>
		<line number="13">
			<speaker></speaker>
			<text>For a period of approximately   six moths in 1981, the Applicant ensured that arms and explosives under his   control were infiltrated into South Africa.</text>
		</line>
		<line number="14">
			<speaker></speaker>
			<text>In June 1983, the Applicant again infiltrated into South   Africa in a group.  There were four of them.  The group made an attempt to damage   Secunda II and III by means of a 122 missile rocket launcher.  This ensued after   a reconnoitring the area and careful planning.  However the operation failed   because the rocket veered away from the target.  Five rockets were fired and   all missed.</text>
		</line>
		<line number="15">
			<speaker></speaker>
			<text>In June 1984, the operation in Secunda II and II was attempted   again.  Again the effort failed as the rockets veered away from the intended   target.  Again five rockets were fired.</text>
		</line>
		<line number="16">
			<speaker></speaker>
			<text>During November 1985, a third attempt was made at firing   rockets at Secunda II and III.  Again the rockets missed because the rockets   veered away from the intended target.</text>
		</line>
		<line number="17">
			<speaker></speaker>
			<text>On retreat, the group was confronted and a shoot-out ensued   with the South African Army.  There were some casualties on both sides.</text>
		</line>
		<line number="18">
			<speaker></speaker>
			<text>During May 1989 the Applicant was part of a group that launched   a mortar attack on the Slurry Defence Force base near Ramatlabana.  Extensive   damage was caused to the building and an unknown number of injuries to personnel   at the base.  In any event injuries were foreseen but nonetheless all these   operations were committed within the philosophy of MK activities.  Consequently   it is found that all were committed for political reasons.</text>
		</line>
		<line number="19">
			<speaker></speaker>
			<text>The Committee is satisfied that   the Applicant has made a full disclosure of the fats related to all the incidents.</text>
		</line>
		<line number="20">
			<speaker></speaker>
			<text>Furthermore the Committee is satisfied   that all the formalities of the Act, regarding the incidents for which amnesty   is sought, have been complied with.</text>
		</line>
		<line number="21">
			<speaker></speaker>
			<text>In the result, amnesty for delicts   and offences is GRANTED to the Applicant in respect of the following incidents   and circumstances.</text>
		</line>
		<line number="22">
			<speaker></speaker>
			<text>1.    (a)   Sabotage of the Sasolburg petrol installations;</text>
		</line>
		<line number="23">
			<speaker></speaker>
			<text>      (b)   To sabotage the Natref Coal installations;</text>
		</line>
		<line number="24">
			<speaker></speaker>
			<text>      (c)   Contravention of the Explosive   Act No 26 of 1956;</text>
		</line>
		<line number="25">
			<speaker></speaker>
			<text>      (d)   Attempted murder of Mr Robert Nthembuluseni   at Natref.</text>
		</line>
		<line number="26">
			<speaker></speaker>
			<text>2.    (a)   Attempted murder during the attempts to blast   Secunda I and II in June 1983, June 1984 and November 1985;</text>
		</line>
		<line number="27">
			<speaker></speaker>
			<text>      (b)   Contravention of the Explosives   Act No 26 of 1956 related to the attempt to blast Secunda II and III in June   1983, June 1984 and November 1985;</text>
		</line>
		<line number="28">
			<speaker></speaker>
			<text>      (c)   The murder of an unknown number   of members of the South African Defence Force in November 1985;</text>
		</line>
		<line number="29">
			<speaker></speaker>
			<text>3.    (a)   Indeterminate number of attempted murders during   the attack on the Defence Force base at Ramatlabana in May 1989;</text>
		</line>
		<line number="30">
			<speaker></speaker>
			<text>      (b)   Contravention of the Explosives   Act No 26 of 1956 in regard to the attack on the base at Ramatlabana in May   1989;</text>
		</line>
		<line number="31">
			<speaker></speaker>
			<text>      (c)   Sabotage of the defence force base   at Ramatlabana in May 1989.</text>
		</line>
		<line number="32">
			<speaker></speaker>
			<text>4.    Contravention of the Arms and Ammunition Act No 75   of 1969 and the Explosives Act No 26 of 1956 during the period 1980 to 1989.</text>
		</line>
		<line number="33">
			<speaker></speaker>
			<text>SIGNED AT CAPE TOWN THIS THE 29TH   DAY OF MARCH 2001</text>
		</line>
		<line number="34">
			<speaker></speaker>
			<text>JUDGE R PILLAY</text>
		</line>
		<line number="35">
			<speaker></speaker>
			<text>ADV F BOSMAN</text>
		</line>
		<line number="36">
			<speaker></speaker>
			<text>MR JB SIBANYONI</text>
		</line>
		<line number="37">
			<speaker></speaker>
			<text>??</text>
		</line>
		<line number="38">
			<speaker></speaker>
			<text>2</text>
		</line>
		<line number="39">
			<speaker></speaker>
			<text>/...</text>
		</line>
	</lines>
</hearing>