DECISION
The applicant applies for amnesty for the following offences:
1. the unlawful transportation of firearms; and
2. assisting three political activists to escape after the commission of an attempted murder.
The offences flow from an incident that took place at or near Umzumbe, Kwa-Zulu Natal in or about July 1991.
The victim, a policeman at the time, one Fanie Groenewald could not be traced and the matter proceeded on an unopposed basis.
The applicant testified that he was a trained cadre and registered member of the ANC at the time. His commander one Bobby telephoned him on the day of the incident and requested transport for himself and two other of his comrades from Gamalakhe to Umgababa. The applicant picked them up in his private motor vehicle together with two black plastic bags which the applicant knew to be containing firearms for some political mission, although he did not bother to ask for details. Along the way they were stopped by a policeman who searched the vehicle. While the applicant was outside the car the policeman went to the front of the vehicle to open the front door where Bobby was sitting. A shot rung out which hit the policeman and which the applicant assumed was fired by Bobby.
Bobby instructed him to drive off. They subsequently encountered a road block. Fire was exchanged and the car was hit. The applicant and his comrades abandoned the car, one was shot dead at the scene, Bobby was wounded and another one arrested and later convicted. The applicant managed to escape and later skipped the country.
After having considered the applicants application, the affidavit filed by him and his viva voce evidence the committee is satisfied that the complies with all the requirements for amnesty, that the offences were committed with a political objective as required by section 20(1) of the Promotion of National Unity and Reconciliation Act, 1995 and that the applicant has made a full disclosure of his participation in the commission of the offences.
Accordingly, amnesty is GRANTED to the applicant for:
1. the unlawful transportation of firearms at or near Umzumbe in or about July 1991, and
2. assisting three ANC political activists to escape after the commission of an attempted murder of a policeman at or near Umzumbe in or about July 1991.
Fanie Groenewald who was wounded in the incident is declared a victim in terms of the Act and is referred to the Committee on Reparation and Rehabilitation.
SIGNED ON THE
: DAY OF
: 2000.
: JUDGE C DE JAGER
: ADV S SIGODI
: ADV F BOSMAN SC
