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Decisions

Type AMNESTY DECISIONS

Names MANDLA EMMANUEL DLAMINI FIRST,MINGUS CLIVE RADEBE SECOND

Matter AM6088/97,AM6086/97

Decision GRANTED

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: DECISION

The Applicants apply for amnesty for all offences and delicts directly associated with and flowing from a petrol bomb attack on a Putco bus in Naledi, Johannesburg on 5 September 1984 as a result of which two unknown persons were killed and several injured. All documents relating to the incident have been destroyed. An attempt by the Committee to trace victims by means of a newspaper advertisement was unsuccessful and the application proceeded on an unopposed basis.

Both Applicants testified under oath at the hearing. The first Applicant was a member of the Congress of South African Students ("COSAS") and a member of the Soweto Youth Congress, both organisations affiliated to the United Democratic Front ("DUF"). The second Applicant was the publicity secretary of the Soweto Youth congress and also a member of COSAS.

It is common cause that the UDF called massive stay-aways during 1984 as part of a campaign to make the country ungovernable during the political struggle. The Applicants according to their evidence, actively participated in the stay-away and more particularly in monitoring the process of the stay-away to ensure success.

They realised that the Putco bus company was not adhering to the stay-away and it was identified as a legitimate target since it was perceived to be conniving with the apartheid regime. They planned an attack on a Putco bus late in the afternoon. The petrol bomb which was thrown into the bus by Msibi was ignited by the first Applicant. All three of them were charged but only Msibi, now deceased, was convicted.

The Committee is satisfied that both Applicants have complied with all the requirements for amnesty in terms of Section 20 of the Promotion of National Unity and Reconciliation Act 34 of 1995, that the acts were acts associated with a political objective and that they have made a full disclosure of all material facts. Accordingly amnesty is GRANTED to:

1. Manuel Emmanuel Dlamini for all offences and delicts directly associated with or flowing from the petrol bomb attack on a Putco bus at or near Naledi in Johannesburg on 5 September 1984.

2. Mingus Clive Radebe for all offences and delicts directly associated with or flowing from the petrol bomb attack on a Putco bus at or near Naledi in Johannesburg on 5 September 1984.

DATED AND SIGNED IN CAPE TOWN THIS 26TH DAY OF FEBRUARY 2001

ACTING JUDGE D POTGIETER

ADV FJ BOSMAN

ADV N SANDI

 
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