: DECISION
The Applicant, a member of the Pan Africanist Congress ("PAC") and its military wing, the Azanian People's Liberation Army ("APLA"), had undergone military training in Uganda and Tanzania, applies for amnesty for murder and attempted murder of policemen sometime in August 1993 at or near Tsakane township in Brakpan.
Despite the fact that the Applicant was arrested and charged with the two offences for which he seeks amnesty and subsequently acquitted, he chose to proceed with his application as he is entitled to do. The application is not opposed.
According to his testimony, the Applicant and his comrades Denis Moeti and Abram Zweli together with their commander, Moss Mothopo, aslo known as Ramapapa, left Alexandra for Springs, on the day of the incident. Moeti could not be traced and Zweli who is in prison did not attend the hearing. Ramapapa was to introduce them to people there. The people were not there and they returned via Brakpan.
When they passed the police quarters in Tsakane, Brakpan they saw the two victims, Constable Mhlolula and Constable Modipane. They were wearing police uniforms. Ramapapa fired shots at them killing Mhlolula and wounding Modipane. They left the scene of the crime and proceeded to Soweto.
The Applicant further testified that they were trained to attack members of the South African Police in order to further the political objectives of their organisation. He knew Ramapapa had a firearm with him and expected that they would attack policemen if the opportunity arose. He fully associated himself with Ramapapa's actions.
It is common cause that 1993 was declared the "Year of the Great Storm" by APLA. It is further common cause that, as was submitted by the legal representative of the Applicant, that the policy of the PAC and APLA at the time entailed that the country should be made ungovernable and the police be hit hard.
The Committee is satisfied that the Applicant has complied with all the formal requirements of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 and that the offences were committed in line with the policy of the organisation of which the Applicant was a member and in furtherance of the political objectives of that organisation. The Committee is further satisfied that the Applicant has made a full disclosure of all relevant facts.
Accordingly the Applicant is GRANTED amnesty:
1. for the murder of Constable Mhlolula at or near Tsakane, Brakpan during August 1993;
2. for the attempted murder of Constable Modipane at or near Tsakane, Brakpan during August 1993.
It is recommended that the next-of-kin of Constable Mhlolula and Constable Modipane be declared victims and are accordingly referred to the Reparations and Rehabilitation Committee for appropriate action.
DATED AT CAPE TOWN THIS 19TH DAY OF FEBRUARY 2001
JUDGE DENZIL POTGIETER
ADV F BOSMAN
ADV N SANDI
