DECISION
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The Applicant applies for amnesty in respect of the crimes of armed robbery, the unlawful possession of a firearm and ammunition, the murder of Johannes Jacob van Niekerk and car theft, which offences were committed on the 4th October 1991 at Korsten in the district of Port Elizabeth.
The Applicant testified that he got involved in politics during 1983 as a member of AZANYU, a student wing of the Pan Africanist Congress (PAC).
During the violence of the 1980's, he was arrested for armed robbery when fund raising for members of AZANYU to leave the country to undergo military training. He was sentenced to ten years imprisonment and released unconditionally on the 4th July 1991.
During the same month he left Port Elizabeth for Itafalefefe in the former Transkei where he received a crash course in military training for approximately three months.
He thereafter returned to Port Elizabeth as an APLA soldier and subsequently became a unit commander.
On 23rd September 1991 he received instructions from his Regional Commander, one Mandla, to execute an operation to fund raise for APLA which was experiencing financial problems. Mandla informed him that he had identified Exmego Engineering Company at Lindsay Road, Korsten, Port Elizabeth as the target. he was further instructed to go and reconnoitre the company as Mandla had already seen how the payroll was transported.
On Monday 24th September 1991, he began his reconnaissance which lasted until Friday 28th September 1991. He found out the process of how the company worked as well as how the payroll was transported. The same Friday, he gave Mandla all the details and he (Mandla) was satisfied and asked for the whereabouts of the other unit members which he gave him. He assured him of their safety and Mandla instructed him that they should remain in their respective places. An appointment was made for the Sunday and the firearms were delivered to the Applicant to be distributed to unit members for the operation.
The Applicant instructed Simphiwe (Mzimeli Pali) now deceased, to secure (steal) a motor vehicle for the operation on the 4th October.
On the 4th October 1991, the Applicant and four others went to Exmego Engineering Company. Whilst being there the bakkie carrying money arrived. He pointed a gun at the security guard who ran away. They then went to Van Niekerk, who was in the bakkie and told him it was a robbery. he threw the small case containing money at the Applicant who "ducked". He then, so the Applicant thought, tried to draw a gun and the Applicant shot him twice, since he thought Van Niekerk wanted to distract his attention and probably shoot him in return.
They took the money and when they got to the township (New Brighton) they counted it and found that it was R10 900,00. The money was given to the Regional Commander and the firearms were returned to him.
The Applicant was the only one arrested on the 13th December 1991 and during 1992 he was convicted and sentenced to 15 years imprisonment. Whilst in prison he learnt that his comrades had died.
The application was opposed by one Peter Lawrence hart, who is married to the deceased's daughter. He testified that it was not the deceased's turn to fetch the payroll from the bank and he left his firearm at home and the payroll was drawn at irregular times either on a Thursday or Friday. He was not employed at the factory but was employed elsewhere. The Applicant insisted that the deceased was wearing a gun.
It is clear the deceased did fetch the money as he was killed on his return with the money. There may have been a change made that morning and in these circumstances the deceased may have borrowed a firearm.
We are, after careful consideration of all the evidence before us, satisfied that the crimes committed by the Applicant were acts committed with a political objective.
We are also satisfied that the Applicant has been truthful in his testimony and has made a full disclosure of all the relevant facts and his application complies with the requirements of the Act.
In the premises the application succeeds and amnesty is GRANTED in respect of:
(a) armed robbery;
(b) unlawful possession of firearms and ammunition;
(c) murder of Van Niekerk;
(d) car theft; and
(e) delicts flowing from the above crimes.
The immediate family of Van Niekerk are referred to the Committee on Reparations and Rehabilitation to be dealt with in terms of the Act.
Signed at Cape Town on this day of 2000.
____________________________JUDGE A WILSON
____________________________JUDGE S MILLER
____________________________JUDGE N J MOTATA
