DECISION
In July 1994 the applicant was convicted of crimes of arson, two counts of kidnapping and one count of being in possession of firearms. He was sentenced to imprisonment for ten years in respect of the count of arson; five years on each of the counts of kidnapping and ten years for being in possession of firearms. The Court ordered that his sentence in respect of the two counts of kidnapping run concurrently with the sentence on the count of arson. This meant that in effect he had to serve imprisonment for twenty years. He now applies for amnesty for those offences in terms of Section 18 of Act 34 of 1995.
During 1978 and at a time when the applicant was a member of the South African Students' Movement he was convicted of the crime of sabotage and sentenced to twelve years' imprisonment. He was released in March 1990 after serving his full term of imprisonment. After his release from prison, applicant joined the Azanian People's Organisation and at its annual conference he was appointed Regional Organiser of AZAPO. Two years later he was elected as Chairman of the Eastern Cape Region of AZAPO and also as Chairman of its Uitenhage branch. AZAPO was publicly known throughout South Africa as a liberation movement.
On the 5th of December 1993, applicant accompanied by three others, set fire to and destroyed Levens Service Station in Uitenhage. Their intended target was a house in close proximity to the garage and in which some members of the South African Defence Force lived. Their operation did not go according to plan and all that was destroyed was the service station itself. Prior to igniting the petrol tanks, applicant and his colleagues removed from the building the petrol attendant, Mr August Majola, and his girlfriend. They were bundled into a car and driven to a spot near a river where they were released. Applicant said that this was done as they did not want these people to be injured. From the evidence placed before us, it was clear that the offence was committed on behalf of AZAPO and as a gesture of protest against the negotiations which were then taking place between the Government and the ANC at Kempton Park. The applicant believed that his act would assert the independence of AZAPO which had declared that the negotiation with the Nationalist Party were conducted on unequal terms. This meant that in the negotiations the National Party remained in control of the powers of the State and could therefore dictate terms to the other parties.
It was, in our view, an act associated with a political objective committed in the course of the conflict of the past.
The kidnapping of August Majola and his girlfriend are closely connected and formed part of the act or arson. We have no hesitation in accepting the applicant's explanation that the kidnapping was done in order to ensure that nobody was injured during the operation.
The applicant and his wife were arrested at their home on 13th of December 1993. The police searched the house and found three R4 rifles. These weapons were not in any way connected to the arson. Applicant says that these rifles were brought to him for safekeeping by Ntsikelelo Mbambisa who was in charge of AZAPO's Defence Units. It appeared that Mbambisa was wanted by the police in connection with an explosion at Uitenhage and he did not want the police to find these firearms in his possession. Applicant felt that as Chairman of the Eastern Cape Region of AZAPO it was proper for him to look after these weapons on behalf of his organisation.
We are satisfied that applicant has made a full disclosure of all relevant facts and he is
GRANTED AMNESTY: in respect of offences of arson and kidnapping committed on 5th of December 1993 and of the offence of being in possession of firearms on 13th of December 1993.
SIGNED ON THE 14th DAY OF APRIL 1997.
(Signed)
MALL, J
WILSON, J
MS S. KHAMPEPE
