Amnesty Hearings — Durban — 1998-10-21

MR MNOWABE: After your arrest you were duly tried and convicted of attempted murder and possession of firearms and ammunition, is that so?

MLUNGESI JUSTICE MAJOSI: That is correct.

MR MNOWABE: You had pleaded not guilty then?

MLUNGESI JUSTICE MAJOSI: That is correct, because I would not have pleaded guilty at the time when we were living under a repressive system, therefore I did not want to plead guilty.

MR MNOWABE: Are you saying it would not have been politically correct at the time to have admitted having possessed the firearms and so forth?

MLUNGESI JUSTICE MAJOSI: That is correct.

MR MNOWABE: Are you presently at Westville Prison serving a sentence which was imposed upon you by the Magistrate of Port Shepstone?

MLUNGESI JUSTICE MAJOSI: That is correct.

MR MNOWABE: Now the policeman who was actually shot at point blank, how do you feel about him?

MLUNGESI JUSTICE MAJOSI: We are now talking peace and reconciliation.  I know that I am one of the people who had done wrong things.  They too know that they were involved in wronging us.  We want to make peace.  Some of our people with whom we were working know that we had agreed to be engaged in this.  We need peace now.

MR MNOWABE: Thank you.  I have no further questions, Mr Chairman.

CHAIRPERSON: Mr Prior?

ADV PRIOR: I have no questions, Mr Chairman.

CHAIRPERSON: No questions by the Members of the Committee.

MR MNOWABE: I close the applicant's case, Mr Chairman.

CHAIRPERSON: Before you do, will you just tell us what is the applicant's case?

MR MNOWABE: Yes.  The applicant's case is that he had been acting under instructions ...[intervention]

CHAIRPERSON: I want the specific details.

MR MNOWABE: Oh yes.

CHAIRPERSON: All he has said in his amnesty application is
"Possession of machine gun, ammunition, possession of grenades and attempted murder."
Now if you look at page 13, it appears that he was convicted there of the two AK47 rifles but that was set aside on appeal.  He was convicted of possession of ammunition, three handgrenades and a 9mm Stechkin pistol.  Is it in respect of that weapon not just the machine gun in the abstract, but possession of the Stechkin pistol that you're asking for amnesty?

MR MNOWABE: Yes, Mr Chairman, that is the Stechkin and ammunition.

CHAIRPERSON: And another problem I have is when did this happen?

MR MNOWABE: On the 5th of July 1991, the 1st of July 1991.

CHAIRPERSON: ...[inaudible]

MR MNOWABE: Yes.

CHAIRPERSON: In the vicinity of Port Shepstone?

MR MNOWABE: Yes, it was - ...[indistinct] in Port Shepstone.

CHAIRPERSON: Mr Prior, it's quite clear that this was part of what is being referred to as the struggle of the past.  There's no suggestion is there, anywhere in the information before us, that there was any personal objective or that the firearms were to be used for any purpose other than those of Umkhonto weSizwe?

ADV PRIOR: Mr Chairman, that is quite correct.  There was no suggestion that the weapons were to be used, for example in a robbery or whatever.

CHAIRPERSON: Yes.

ADV PRIOR: Mr Chairman, may I place on record that the policeman involved, Mr Groenewald, at this stage cannot be located.  I spoke to Mr Larreman yesterday, one of the traffic officers who was also a complainant in the matter.
	May I firstly just put on record that Mr Larreman does not oppose the application and asked me to convey that to the Committee.  He informed me that he was very close to Mr Groenewald.  Mr Groenewald was severely traumatised as a result of the shooting incident, had left the police force and had left Natal to go up to the Transvaal somewhere, and although he was very close to him, he has also lost track of him and hasn't been contacted by Mr Groenewald in a number of years.  Be that as it may, I would ask the Committee in due course to refer Mr Groenewald to the R & R Committee and obviously they will endeavour to track him down.  Thank you, Mr Chairman.

CHAIRPERSON: I take it that the other people who were interested were notified and none of them have shown any indication of wishing to oppose or appear?

ADV PRIOR: That is quite correct, Mr Chairman.

CHAIRPERSON: I don't think we need hear you, Mr Mnowabe.

MR MNOWABE: Yes.

<UNKNOWN>: 21.10.1998

CHAIRPERSON: The applicant in this matter asks for amnesty in respect of the possession of a machine gun, ammunition and possession of grenades and attempted murder.
	On the evidence before us and on the information contained in the bundle put before us, Exhibit A, it is clear that on the day in question, that is on the 1st of July 1991, the applicant and his companions had travelled down from Pietermaritzburg through Durban to Port Shepstone.  They did so in the course of their duties as members of Umkhonto weSizwe, and the purpose of the visit was to enable firearms to be obtained which could then be used on behalf of Umkhonto weSizwe in the Pietermaritzburg district.
	The firearms were obtained from the Transkei from ANC sources, and that morning they left Port Shepstone. Shortly after they had commenced their journey they noticed a police vehicle following them.  It later caused them to stop.  
	Policemen got out and first asked for the licence of the vehicle and then indicated, I think it is quite clear, an intention to search the vehicle.  The weapons were inside the vehicle, they were not in the boot of the car which was found to be empty.  When the police approached the vehicle itself, we are told that Sergeant Groenewald drew his pistol whereupon one of the applicants companions drew his gun and opened fire on Sergeant Groenewald.
	They drove away and were pursued by the police.  They came upon other police vehicles and roadblocks and there was firing between them and the policeman and ultimately their car came to a halt.  They fled into the bush, where the applicant was arrested.  He was subsequently charged and convicted of attempted murder and various contraventions of the Arms and Ammunition Act.
	We are satisfied that the applicant was acting on behalf of Umkhonto weSizwe, as part of what was then contemplated was the struggle for the liberation of the country and that there was no personal motive involved, nor were the firearms to be used for anything other than the objects of Umkhonto weSizwe.
	We are satisfied that he has complied with the requirements of the Amnesty Act, and that the acts for which he seeks amnesty were acts committed with a political objective in terms of the Act.
	The information before us is to the effect that he was in possession of a Stechkin pistol which is a form of automatic pistol, and a great deal of ammunition as well as the handgrenades but on appeal his conviction for possession of the two AK47 rifles was set aside and there is no application before us, and this has been confirmed by his counsel, in respect of the AK47s.
	We accordingly GRANT THE APPLICANT AMNESTY IN RESPECT OF THE ACT OR ACTS OF ATTEMPTED MURDER COMMITTED ON THE 1ST OF JULY 1991 on the road between Hibberdene and Port Shepstone and in respect of THE CONTRAVENTIONS OF THE ARMS AND AMMUNITION ACT, relating to the possession of a 9mm Stechkin pistol and 466 rounds of 9mm ammunition and 537 rounds of AK47 machine rifle ammunition and three handgrenades at the same time and place.
	We are informed that it has not been possible to make contact with SERGEANT GROENEWALD who was severely wounded in the incident.  He has retired from the police force and has lost contact with those who knew him in the past.  We are nevertheless satisfied that HE IS A VICTIM and we direct that his name be referred to the R & R Committee with a request that they do what they can to enquire as to his whereabouts and to loss or damage he may have suffered.
	That concludes our decision in this matter.

MR MNOWABE: Thank you, Mr Chairman.