DECISION
The applicant, a former political commissar of APLA and at present a member of the NIA, applies for amnesty in respect of the following offences:
1. Illegal entry into the Republic of South Africa on or about July 1988;
2. The illegal possession of firearms, ammunition and explosives in or about the same period and any other offences following therefrom;
3. The attempted murder of an unknown number of members of the South African Police Force in or about July 1988 at or near Lichtenburg in a shoot-out at a road-block.
The victims in the shoot out, all policemen, could not be traced and the application is not opposed. The applicant testified at the hearing and called as a witness one General Fihla, a former member of the APLA high command, who confirmed the position the position of the applicant as a fromer APLA cadre as well as the fact that all the actions reported to him by the applicant were carried out in accordance with APLA policy and instructions.
The aplicant testified that he and other APLA cadres entered the Republic at the Botswana border under the command of the late Sipho Mahlangu with a view to seek, identify and attack the enemy as viewed by APLA.
On their way to Johannesburg in minibus taxi they were stopped and when confronted by the police, he and commander Sipho Mahlangu threw hand grenades at the police. In the ensuing confusion he managed to get away but his commando and two other comrades died. He went to Johannesburg and from there later made his way to Ficksburg from where he crossed into Lesotho.
In the course of his testimony the applicant fully disclosed who of his colleagues had participated with him in APLA activities and what became of each of them.
After having considered the documentation presented at the hearing as well as the oral evidence tendered the committee is satisfied that the applicant has complied with all the requirements for amnesty as provided for in the Promotion of National Unity and Reconciliation Act, 34 of 1995.
The applicant acted with a political ojective as required by the Act, in that he acted on behalf of APLA a liberation movement engaged in a political struggle of the past. His evidence was in material respects confirmed by a member of the High Command.
The applicant has made full and proper disclosure of his role in the above incidents and the Committee is satisfied that he did not act for personal gain or out of any ill will or spite.
The Committee is further satisfied that everything was done in pursuance of the goal and objectives of PAC of which APLA is the armed force.
Accordingly the applicant is
GRANTED : amnesty in respect of the following offences
1. The illegal entry into the Republic of South Africa in or about July 1988.
2. The illegal possession of firearms, ammunition and explosives in or about the same period and any other offence flowing therefrom.
3. The attempted murder of an unknown number of members of the South African Police Force in or about July 1988 at or near Lichtenburg in a shoot-out at a road block.
The Committee declares all policemen (names at present not known) who were injured in the above incident to be victims and they are referred to the Committee for Reparation and Rehabilitation.
SIGNED ON THE 14TH MAY 1999.
