AC/2001/132

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO. 34 OF 1995.

OBED SALUKWANDA MADONSELA 1ST APPLICANT

(AM 6047/97)

LAWRENCE BONGANI MAHLANGU 2ND APPLICANT

(AM 6036/97)

DECISION

Both applicants were members of the ANC and its Armed Wing Umkhonto weSizwe. The first applicant was the commander of a unit of MK, operating within the Republic of South Africa, of which unit the 2nd applicant and Christopher Khumalo were members.

The unit was specifically instructed to conduct armed operations in Tembisa. On the 6th October 1988 they planted a limpet mine at the Administration offices in Tembisa. The mine was set to explode at lunch time. Five victims were injured, some rather seriously.

On the 10th October the Tembisa Police Station Barracks was similarly bombed. Three people sustained injuries.

Both applicants were charged and convicted and sentenced to imprisonment.

At the trial the full political background and motive was disclosed.

Both applicants received indemnity and were released from prison at Robben Island.

The ANC, in its second submission to the TRC on page 98, accepted responsibility for these incidents.

The committee is satisfied that the acts of the applicants were committed with a political objective within the context of the conflicts of the past and that the applicants made a full disclosure of facts relevant to the incidents.

Both applicants are therefor GRANTED amnesty.

The committee is further of the opinion that the following persons are victims as envisaged in the Act:-

Of the first incident:

Elias Moshishi

Esrom Mothago

Yvonne Madlala

Simon Phahlamohlaka

Elizabeth Sehomane

and of the second incident

Marcus Ramele

Victor Chuene

James Maloto

Their names are being referred to the Reparation and Rehabilitation Committee for consideration.

SIGNED AT CAPE TOWN THIS THE DAY OF 2001.

JUDGE N J MOTATA

ACTING JUDGE C DE JAGER

MR W MALAN

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