DECISION
The applicants are applying for amnesty in respect of the following offence:
1. Housebreaking with the intention to rob and robbery with aggravating circumstances on 10 February 1991.
2. The attempted murder of Andries Johannes Jacobus van Tonder and his wife Ina van Tonder on a farm near Masselspoort on 10 February 1991.
3. The illegal possession of firearms on the aforementioned date and at the aforementioned place.
The applicants testified that they were members of the PAC and formed part of the Task Force. They were instructed by their commander Themba Ncapayi to attack the van Tonders’ farm and to get weapons, money or any articles that could be of assistance to their organisation in the struggle. Titus was in command of the unit of four, who carried out the operation. He, the applicant King Lebea, Abram Smit alias Donuzi and Samuel Mokhethi proceeded to the farm on the evening of 09 February 1991 in order to carry out the order "to repossess". Titus Lebea was armed with a panga, Samuel Mokhethi had a knife and King Lebea carried a 9mm pistol. Donuzi was unarmed.
After whiling away time on a nearby farm at a tavern, they proceeded to the van Tonders’ farm where they arrived around about 02h00. King Lebea broke a window through which his co-perpetrators gained entrance into the house while he remained outside to keep guard.
It is common cause that they were confronted on the farm by Mr van Tonder and his wife. A shoot out followed during which Titus Lebea was fairly seriously wounded but they managed to wound van Tonder seriously with the panga. King Lebea, on hearing the shots, charged into the house to assist. He managed to wound Mrs van Tonder but was himself wounded in the process.
They left the house and carried Titus Lebea to a nearby rondawel. They went back to the house finding that the farmer and his wife had in the meantime escaped. They searched the house, found cash, jewellery, and a firearm as well as the keys of the motor car. They used the motor car to drive to the hospital where both Lebea and his brother received medical attention and were later arrested.
The van Tonders attended the hearing and after hearing the evidence told the committee that they forgive the applicants and would not oppose the application.
It was indeed one of the few occasions where the Committee was privileged to witness a moving reconciliation. We wish to thank all people involved.
Although there were contradictions in the evidence given by the two applicants, the Committee concluded that they did disclose all material facts in regard to the offence and that the offences were associated with a political objective. They were members of APLA and they acted on instructions and in support of the organisation.
The committee is of the opinion that Mr Andries Johannes Jacobus van Tonder and Mrs Ina van Tonder C/O Attorneys McIntyre and van der Post, No 12 Barnes Street, P.O. Box 540, Bloemfontein 9300 should be considered to be victims in terms of Act 34 of 1995.
In the result amnesty is GRANTED to the applicants Titus and King Lebea in respect of the following offences:
1. Housebreaking with the intention to rob and robbery with aggravating circumstances on 10 February 1991;
2. The attempted murder of Andries Johannes Jacobus van Tonder and his wife Ina van Tonder on a farm near Masselspoort on 10 February 1991;
3. Illegal possession of firearms on the aforementioned date and at the aforementioned place.
SIGNED ON THE ______________ DAY OF ______________ 2000.
_______________________
MOTATA J.
_______________________
DE JAGER A.J.
_______________________
N. SANDI
