Amnesty Hearings — Bloemfontein — 1999-05-24

CHAIRPERSON: This is an application for amnesty in terms of the provisions of section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995, by Mr Justice Bekebeke. The application arises from an incident which occurred on the 13th of November 1985 in Paballelo Township, Upington, when Lucas Tshendo Sitwala, a 24 year old municipal policeman, was killed by a group of residents of the township including the applicant.
	Applicant has conducted the application in person and some of the family members of the deceased, including his mother, Mrs Beatrice Sitwala, are attending the hearing. They have indicated to Adv Steenkamp, the Leader of Evidence, that they do not wish to oppose the application, but are attending in order to listen to the evidence of the applicant.
	Applicant testified that in the light of the numerous socio-economic and political grievances of the Paballelo community at the time, a meeting was held in the community on the 11th of November 1985 in order to discuss these grievances. Pursuant to this meeting, large scale violent conflict involving members of the community and members of the police resulted, which led to unrest and upheaval in the community. 
	This situation prevailed for a few days and on the 12th of November 1985, a meeting was held between a police officer, one Captain van Dyk from Kimberley, and members of the Paballelo community in order to seek a resolution to the situation of conflict that had developed. It was agreed at this meeting that a further meeting would be held the following day, the 13th of November 1985, on the soccer field in Paballelo where members of the community would be able to attend the meeting as well.
	A large number of Paballelo residents in fact arrived for this meeting, but after the meeting was opened, the police who were present on the scene, other than Captain van Dyk, gave an order to the crowd to disperse, which the people refused to obey. This resulted in the police firing teargas and rubber bullets at the people, who, in turn, started throwing stones at the police and a situation of chaos developed.
	Applicant was a member of a group of people that was running in Pilane Street towards the house of the deceased. As the group approached the house, the deceased fired some shots which struck a child who was ahead of the group of people, group of fleeing people.
	Applicant saw the deceased leaving his home, pursued him, disarmed him and assaulted him. Soon more people caught up with the deceased and continued the assault, eventually pouring petrol over him and setting him alight. The deceased died in the incident.
	Subsequently, the deceased and a number of other people were tried and 14 of them convicted of murder. Oh, sorry, a correction. The applicant and a number of other people were tried and 14 of them convicted in a well-publicised Supreme Court trial. Applicant was sentenced to death, which sentence was substituted on appeal with 10 years' imprisonment. Applicant was later released on the 6th of January 1992 in terms of an indemnity granted to political offenders.
	Having considered the evidence and all the material placed before us, we are satisfied that the incident constitutes an act associated with a political objective and that the applicant has made a full disclosure of all relevant facts as required by Act 34 of 1995.
	In all the circumstances, the applicant is accordingly GRANTED AMNESTY for the murder of the deceased on 13th November 1985 in Paballelo Township, Upington. In our opinion, Mrs Beatrice Sitwala of 405 Pilane Street, Paballelo, Upington, is a victim in relation to the incident and the matter is referred for consideration in terms of the provision of Act 34 of 1995.
	In conclusion, we wish to reiterate the views expressed by the Panel that it appears to be in the best interests of all parties and the Paballelo community that concrete steps be taken to effect a reconciliation amongst all those who were involved in this unfortunate incident, either as perpetrators, accused, or victims. We wish to indicate that we are encouraged by the willingness expressed today by both the applicant and Mrs Sitwala to work on this important issue. That is the decision of the Panel. It concludes the matters that we had on our roll for today and we will accordingly adjourn the proceedings.
COMMITTEE ADJOURNS