23 May 1997
(The following summary of the applications, and the main points of the decisions and reasons therefor, is given purely to assist those journalists needing a quick initial summary of the applications and is not a binding document with any legal status.)
The Amnesty Committee of the Truth and Reconciliation Commission has granted amnesty to four members of Self Defence Units in the Western Cape, three of whom were involved in clashes with the police in the early 1990s.
Three of the men appeared at hearings in Cape Town earlier this week.
Those granted amnesty were: Maxim Phakamisa, Two-Boy Jack, Patrick Mzingisi Ndlumbini and Thami Robert Ntshobani.
Details of the cases follow:
1. MAXIM PHAKAMISA and TWO-BOY JACK
They sought amnesty in respect of ten counts of attempted murder and two counts of illegal possession of firearms and ammunition. The attempted murder charges arose out of a clash between a Self-Defence Unit and the police Internal Stability Unit in Khayelitsha in the Western Cape in July 1992.
The Amnesty Committee noted that the applicants were members of a Self-Defence Unit established by the ANC. Referring to Jack's evidence, it said:
He explained that the ANC had endeavored to bring an end to the local authorities by persuading the town councillors, who were described as puppets, to resign from office....
The applicant, in his evidence, said that the government had decided to make use of members of the Internal Stability Unit (ISU) to protect the municipalities and the councillors and that these units patrolled the townships day and night....
The Committee outlined evidence by the applicants that on the night of 22 July 1992, while they were patrolling in Khayelitsha, they noticed police of the ISU in the area. They sought shelter in a shack. The Committee, referring to Jack's evidence, continued:
They noticed the ISU police approaching the shack and decided it would be dangerous to leave and decided to attack the approaching ISU from the shack. When the unit was within 25 to 50 metres of them they commenced shooting and making use of their explosives. He (Jack) also shot. When they realised they had no more bullets they decided to run away in different directions. He had by that time been shot in the hand and he ran and later took a taxi to a hospital where he was arrested and subsequently charged. He later learnt that certain of the policemen had been injured in the course of the fight.
He submitted that it was a political fight and it appears to us it falls within the provisions of both Sections 20(1)(b) in that it was an act associated with a political objective committed in the course of the conflicts of the past, Section 20(2)(d), and that the applicant has accordingly met the requirements of Section 20 of the Act, that is the Promotion of National Unity and Reconciliation Act.
Phakamisa gave similar evidence and both men were granted amnesty.
2. PATRICK MZINGISI NDLUMBINI
The applicant sought amnesty in respect of two charges of attempted murder. He has been convicted on one count and the trial on the second count has been proceeding.
The charges against him were that on 13 October 1991, at or near Guguletu, he shot a policeman, Mdimpiwe Ntekiso, with the intention to murder him, and on 27 October 1991, at or near New Crossroads, he shot Eric Xeketwana with the intention to murder him.
Ndlumbini was a member and cell commander of Umkhonto we Sizwe (MK) who had received training outside the country and returned in 1991. He gave evidence that he and others had received instructions from the late Chris Hani, the former MK Chief of Staff, to set up Self-Defence Units.
The Committee said:
He gave evidence to the effect that the acts he committed were committed as a member of the S.D.U. and he accordingly falls, in our view, within the provisions of Section 20(2)(d) and (f) of the Promotion of National Unity and Reconciliation Act.
He further explained that the offences he committed related firstly to an attack on a police van by members of the S.D.U. The attack was committed for the purpose of stealing weapons from the police which could thereafter be used by S.D.U.s in safeguarding the community....
The second attack was launched on the house of Eric Xeketwana, who, he had been told, was an active participant in a taxi war which was causing great unrest and distress in the community. The decision to attack the house was taken by the New Crossroads African National Congress Youth League in consequence of a decision which had been taken by a unit of the Youth League. He was not present when the decision was taken.
The purpose behind the attack was to drive Eric Xeketwana out of the community, not to kill him. He agreed that the weapons used could have penetrated the building which comprised mainly corrugated iron and that they foresaw the possibility that people could have been injured. He explained that this also fell under the instruction given by late Chris Hani to protect the people and that the taxi wars in which the victim was engaged was damaging the people in the community.
Having regard to the evidence given by the Applicant and the nature of the offences involved we are satisfied that the application complies with the requirements of the Act and that the offences to which the application relates are acts associated with a political objective committed within the conflicts of the past as required in terms of the provisions of Section 20(1)(a) and (b) of the Act.
The Committee noted that Mr Xeketwana had questioned the applicant at the hearing and that the two had shaken hands at the end.
3. THAMI ROBERT NTSHOBANI
He was convicted of the possession of an unlicenced firearm, a Z88 pistol and ammunition at Guguletu on 25 September 1992 and sentenced to 6 lashes plus twelve months' correctional supervision, plus two and a half years' imprisonment, this being suspended for five years. He has since committed a breach of the conditions of his correctional supervision order.
The Amnesty Committee said Ntshobani had been supplied the weapon by MK for Self-Defence Unit duties and the breach of the conditions of his supervision order was brought about as a result of instructions he received from the ANC to attend a VIP training course. He was granted amnesty.
(The full texts of the reasons for decisions are available, from the TRC Office for Cape Town journalists, and by fax for those outside Cape Town.)
Issued by: Truth and Reconciliation Commission