DECISION
The Applicant applies for amnesty in terms of the Promotion of National Unity and Reconciliation Act No. 34 of 1995, as amended (hereinafter referred to as "the Act").
The offences which he is applying for amnesty are:
1. Robbery of one Thamsanqa Jerome Mbhele of a firearm which took place on 2 July 1992 at F Section Kwamashu township. The Applicant was charged and committed of the said offence on 17 January 1995 at the Durban Regional Court under case number 41/4718/92 and sentenced to six years imprisonment;
2. Unlawful possession of a firearm for which he was charged and convicted under the same case number and sentenced to 18 months imprisonment;
3. Unlawful possession of ammunition for which he was charged and convicted under the same case number and sentenced to 6 months imprisonment.
This application was unopposed. Notices were sent to the victim and the victim indicated that he was not interested in the application.
The Applicant submitted his application on the prescribed form which he signed and was properly attested to. The offences which he is applying for occurred before the cut-off date and the application form was received before the cut-off date.
The Applicant testified to his political background as follows, he was 28 years old and resided at F1067 KwaMashu, Durban. Whilst he was still a scholar he was a supporter of the United Democratic Front. He then left South Africa and went to Swaziland where he joined the ANC and in particular its military wing Umkhonto weSizwe ("MK"). Whilst in exile he went to various places like Zambia, Uganda, Tanzania where he received the necessary training as an MK cadre.
They were then repatriated to South Africa and he arrived in the country in December 1991. When he arrived in the country, he realised that although the ANC had been unbanned, there was a lot of tension between the ANC, the police and the IFP. There was war going on. The IFP as well as the police were carrying out sporadic attacks on the members of the community to create a state of unrest. The community had no means of protecting themselves.
It was against this background that he and Keke Nyawose decided to take it upon themselves to do something to protect the community. They decided that the first step would be to try and get some firearms since they did not have any.
On the 2nd July 1999 the Applicant and Keke Nyawose saw the victim and noticed that he was in possession of a firearm. They did not know him but they suspected that he could well be a political opponent or even a policeman.
Keke Nyawose approached the victim and started some conversation with him. Whilst he was still talking to Keke, the Applicant approached the victim from behind and hit him on his head with an empty drink bottle. The victim fell and the Applicant took his firearm. Thereafter he shot in the air twice or thrice, he cannot recall. The purpose was to scare the victim so that he would not follow them. The was then arrested by the police.
When he did this he was under no order to do so from his organisation but as a trained MK cadre, he saw it as his duty to protect the community. He stated that his actions were in accordance with the policy of the ANC.
In order to qualify for amnesty the Committee must be satisfied that the:
(a) the application complies with the requirements of the Act;
(b) the act to which the application relates is an act associated with a political objective;
(c) the Applicant has made a full disclosure of all relevant facts.
It is our view that the Applicant has satisfied all the necessary requirements of the Act and therefore amnesty is GRANTED in respect of all the offences that he has applied for.
The victim is referred to the Reparation and Rehabilitation Committee for its consideration.
DATED AT CAPE TOWN THIS
: DAY OF APRIL 2000.
JUDGE DENZIL POTGIETER
ADV S SIGODI
MR J B SIBANYONI
