Amnesty Hearings — Durban — 2000-09-04

MR MOERANE: That is so.  That is so.  At the relevant time, not necessarily on the day or the day before, it might have even the weeks before.  His function was to supply materials to these persons.  He was not involved in the planning or execution of the act but because there might be a possibility that devices furnished by him were used in this incident he is applying for amnesty on that basis, Chairperson.
	And just to complete the picture with regard to applicant Dlomo, I respectfully refer the learned Committee to the judgement in the Buthelezi matter in bundle 2 from pages 239 up to 242.  The applicant accepts the findings in that judgement and the reason for the findings.
	Chairperson, I now move on to applicant Sibosiso Mbongwa, also known as Sihle, S I H L E.  I respectfully refer the learned Committee to annexure 2, pages 46 to 47.  In the matter of State vs Buthelezi, the present applicant went by the name of Sibosiso Robert Ndlandzi.  He is accused number 4 in the trial and allegations against him appear in the same bundle at pages 46 and ...(intervention)

MR LAX: Can I just clarify something, sorry?

MR MOERANE: Yes.

MR LAX: I thought you said annexure 2, it's in fact annexure 3, is it not?  At page 47?

MR MOERANE: Bundle 2.

MR LAX: Bundle 2, sorry.

MR MOERANE: Sorry, yes.

MR LAX: I just suddenly got very confused.

MR MOERANE: Yes it's at bundle 2, I beg your pardon.  It's annexure D to the charge and he was convicted of being a trained member of the ANC who had entered the Republic from Swaziland, was taken to Durban by accused numbers 2 and 3.  That's paragraph 1 of annexure D.  The allegation against him in paragraph 4 was the following, that he was appointed by the ANC as commander of a group of ANC members and in this capacity was responsible for training accused numbers 3, 6, 7 and 10 and others in matters relating to the ANC as well as in the use of explosives and explosive devices.  At page 246 of the judgement, starting at the foot of page 245, the court came to the following conclusion
"The State has failed to prove the allegation in paragraph 4 of annexure D, that accused number 4 was appointed a commander of ANC members and the only evidence that he was responsible for training persons in the use of explosives is the evidence that he trained accused number 12 and witness C on one occasion on political matters and explained to them about booby traps and that he spoke about reconnaissance, surveillance and revolution.  To that limited extent, the State has proved the allegation in paragraph 4 of annexure D."
The next paragraph:
"We have no doubt that when accused number 4 entered the Republic and proceeded to Alan Taylor residence where he met Lulamele, the regional commander of MK, he did so with the intent set out in Section 54 1(a) to (d).  He proceeded to the Alan Taylor residence with the intention of meeting those in charge of MK there and to conduct the training of members of the ANC politically and militarily to enable them to commit acts of violence in support of the aim of the ANC to overthrow the State authority in the Republic by force.  By doing that, he to our minds, took steps to perform acts which are aimed at bringing about or contributing towards a commission of acts of violence and thus he committed a contravention of Section 54.1 (ii).  The State has therefore proved the act listed in paragraph 1 of annexure D."
The applicant will admit that he was a commander of ANC members and that he gave general instructions and he applies for amnesty in respect of this offence for which he was convicted.
	This particular applicant has been implicated in the documents that were served on him.  I refer now to bundle 1.  In incident number 16, that's the Amanzimtoti explosion in the Sanlam Shopping Centre on the 23rd December 1985.  This applicant denies any involvement in that particular incident.
	And finally I deal with applicant, Mr Audway Msomi.  Applicant AM4015/96.  He was also an accused in the State vs Buthelezi matter.  He was accused number 6 in that particular matter and allegations against him are to be found in bundle 2 on page 50, annexure F.  He was convicted of being a member of the ANC and he was also convicted of the matters referred to in paragraph 3 on page 50 which reads as follows:
"In about November 1985 accused number 6 took the following items to Ngababa.
		(i)   2 VFZ25 sub-machine guns, ..(indistinct).
(ii)   a remote control device,
		(iii)  a block of TNT,
(iv)   a silencer for an AK47 machine rifle,
		(v)    1 electrical detonator,
		(vi)   3 electronic timing devices,.
		(vii)  1 TM57 land mine and detonator,
		(viii) 2 books on explosives.
		These and other items were removed from a dead letter box established by accused number 6."
	Next allegation, paragraph 4 on page 59:
"He was then trained by one Stan in the use of the firearms, explosives and explosive devices."
	And paragraph 9 on page 52:
"In about November 1985 and act on Nyam Gababa, accused number 6 assisted in the establishment of a dead letter box which contained a cache of arms consisting of the following
		(i)	  1 VZ25 sub-machine gun,
		(ii)	  3 loaded magazines for the above,
		(iii)  	  1 belt,
		(iv)      2 lengths of detonating fuse,
(v)	  One 200 gram block of TNT,
		(vi)	  1 TM57 land mine,
		(vii)     3 detonators for TM57 land mine,
		(viii)   1 remote control charge,
		(ix)	  1 time switch,
		(x)	  22 electrical detonators."
He was found guilty in respect of these incidents and he applies for amnesty in respect of them.
	I refer the learned Committee now back to bundle 1.  The incidents at page 5, incidents number 8, the explosion at the OK Bazaars, West Street, on the 27th September 1985, two mini-limpet mines.
	Incident number 9, the same day, a limpet mine explosion at Game Discount World.
	And on the next page, incident number 14, a limpet mine explosion at the Mobeni Post Office, Grimsby Road, on the 8th December 1985.
	Incident number 15, VW Kombi bomb explosion, corner of Pine and Albert Streets in Durban, on the 21st December 1985.
	This particular applicant has also been implicated in documents served on him in the Amanzimtoti explosion in the Sanlam Shopping Centre on the 23rd December 1995.  This applicant denies any involvement in this particular incident.
	Chairperson, those are the incidents in respect of which the applicants I represent seek amnesty.

CHAIRPERSON: We have not heard you at all or your applicants as to the merits of the application so I do not want you to think that I am in any way prejudging for or against your application but seems to me that it would be desirable in the event of us deciding that we were to grant the applications, that either you should let us have at some later stage precisely descriptions of the offences for which they want amnesty or we should let you have what we have think you have set out to us this morning and let you then verify the correctness of what you have noted.

MR MOERANE: Yes Chairperson, I intend setting out the specific offences in respect of which amnesty is sought.  I also propose calling the applicants to give viva voce evidence.

CHAIRPERSON: If you do set them out I thinking the references to the section of the Act, illegal possession of arms and ammunitions and those sort of things.  It would save us a lot of trouble if you were to set them out rather than we have to look them up.  Thank you.

MR MOERANE: I'm aware of that, Chairperson and the Committee Members have got tons and tons of work to do.  Anything to assist, to alleviate that burden, I shall do.

CHAIRPERSON: Thank you.

MR MOERANE: With the Chairperson's permission may I call the first applicant?

CHAIRPERSON: Certainly.

VEJANAND INDIJI RAMLAKAN: (sworn states)

MR MOERANE: Mr Ramlakan, how old are you?

VEJANAND INDIJI RAMLAKAN: I'm 42 years old.

MR MOERANE: Where do you reside?

VEJANAND INDIJI RAMLAKAN: In Pretoria.