DECISION
Zola Prince Mabala (the first applicant) and Mosiuwa Isaiah Khotle (the second applicant) apply for amnesty in respect of offences committed during incidents which took place on 22 March 1993 and 13 July 1993 at Vanderbijlpark and Heilbron respectively.
Tseko Washington Mafanya (the third applicant) applies for amnesty in respect of offences committed during the incidents which occurred at Heilbron on 13 July 1993. The applications are not opposed. All three applicants are members of the Pan Africanist Congress (PAC) and were trained members in the Azanian Peoples Liberation Army (APLA).
On 22 March 1993 the first applicant, the second applicant and a person known as Boyce operated as a unit of APLA under the command of the first applicant in the Vanderbijlpark area near Boipatong. They, as a unit, had received instructions to conduct an attack on white persons travelling on the Vereeniging - Vanderbijlpark road. They were each armed with automatic rifles. They positioned themselves next to the road and fired at a passing vehicle which was driven by Daniel Jacobus de Bryn and in which Anthony Rex Concer was a passenger. Mr Concer died as a result of the shooting and Mr de Bryn received minor injuries.
On 13 June 1993 and at Heilbron the three applicants together with the said Boyce, again under the command of the first applicant, operated as an APLA unit with instructions to attack members of the police force.
During the night at approximately 21h00 they went to a spot near the library at Phiritona Location with the aim of ambushing a police vehicle. They were armed with automatic rifles and hand grenades. A police vehicle driven by Lt. Michael Antonie Rossouw and in which Sgt Pieter Daniel Snyman was a passenger drove past them. The police vehicle made a U-turn and then drove towards them. They opened fire at the vehicle and Sgt Snyman returned fire at them. Lt. Rossouw was seriously injured as a result of the shooting and Sgt Snyman also received injuries. The third applicant also received serious injuries.
We, on the evidence before us and on the submissions made by Mr Mbandazayo, the applicants' legal representative, are satisfied that the applicants in both incidents were at all times acting under instruction and in furtherance of the policies of the PAC and APLA and that the acts committed by them were in line with declared PAC policy. We are accordingly of the view that the offences committed by the applicants on 22 March 1993 and 13 July 1993 were acts associated with a political objective committed in the course of the conflicts of the past.
We are also satisfied that the applicants have made full disclosure of all relevant facts and that their applications comply with the requirements of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 (the Act).
In the result, applications succeed and:
1. Zola Prince Mabala is
GRANTED AMNESTY: in respect of
(i) the murder of Anthony Rex Concer, committed on 22 March 1993 at or near Vanderbijlpark;
(ii) the attempted murder of Daniel Jacobus de Bryn, committed on 22 March 1993 at or near Vanderbijlpark;
(iii) the attempted murder of Michael Antonie
Rossouw committed on 13 July 1993 at or near
Heilbron;
(iv) the attempted murder of Pieter Daniel Snyman, committed on 22 March 1993 at or near Heilbron;
(v) the unlawful possession of firearms, ammunition and hand grenades, committed on 22 March 1993 and 13 July 1993 at or near Vanderbijlpark and Heilbron respectively.
2. Mosiuwa Isaiah Khotle is
GRANTED AMNESTY: of
(i) the murder of Anthony Rex Concer, committed on 22 March 1993 at or near Vanderbijlpark;
(ii) the attempted murder of Daniel Jacobus de Bryn, committed on 22 March 1993 at or near Vanderbijlpark;
(iii) the attempted murder of Michael Antonie
Rossouw committed on 13 July 1993 at or near
Heilbron;
(iv) the attempted murder of Pieter Daniel Snyman, committed on 22 March 1993 at or near Heilbron;
(v) the unlawful possession of firearms, ammunition and hand grenades, committed on 22 March 1993 and 13 July 1993 at or near Vanderbijlpark and Heilbron respectively.
3. Tseko Washington Mafanya is
GRANTED AMNESTY: in respect of
(I) the attempted murder of Michael Antonie Rossouw committed on 13 July 1993 at or near Heilbron;
(ii) the attempted murder of Pieter Daniel Snyman, committed on 22 March 1993 at or near Heilbron;
(iii) the unlawful possession of firearms,
ammunition and hand grenades, committed on 22 March 1993 and 13 July 1993 at or near Vanderbijlpark and Heilbron respectively.
We are of the opinion that Mrs Concer, the widow of the late Mr A. R. Concer, and her children, of 146 Villiers Road, Walmer, Port Elizabeth, Mr Daniel J. de Bryn of 55 Livingstone Boulevard, Vanderbijlpark, Captain Michael A Rossouw of 3 Lantern Street, Jeffreys Bay and Captain P. D. Snyman of South African Police Service, Heilbron, are victims in this matter as contemplated by Section 22 of the Act and this matter is referred to the Committee on Reparation and Rehabilitation for consideration in terms of Section 26 of the Act.
(Signed)
JUDGE S MILLER
ADV N J MOTATA
ADV F BOSMAN
