MTUTUZELI NGOZWANA APPLICANT

The applicants make application for amnesty in terms of Act 34 of 1995 (the Act) and in respect of Robbery. Kubukeli also applies in respect of the unlawful possession of an AK47 firearm and a handgrenade.

Kubukeli was at the time of the commission of the offences a member of Umkhonto weSizwe (MK) the military wing of the African National Congress (ANC). He was deployed in Umtata and reported directly to the Chief of Staff of MK, the late Mr Chris Hani.

As part of his functions, the applicant had to train recruits in the use of weapons and was also responsible for providing food for the recruits during training. It seems that the Umtata division of MK had budget constrains and the required training was being stifled because of a lack of funds needed to purchase firearms and food for the process.

As a result of the precarious financial position, the matter was discussed with the chief of MK and it was decided that alternative means, including robbery, in order to obtain the required finance, should be employed. The proviso was that there should be no loss of life and the target should be that of rich white people.

In compliance therewith he elicited the assistance of Mnguni and Ngozwana and embarked on the mission of robbing the nearby Engcobo Wiers Cash and Carry with the use of threats by means of a firearm. This they succeeded in doing without causing any injury or damage. Kubukeli did this alone while the other two provided support and cover.

Upon his arrest, Kubukeli was also found in unlawful possession of an AK47 firearm and a handgrenade. This he possessed in his capacity, it seems, as an MK member.

They were subsequently convicted of armed robbery and Kubukeli was also convicted of the unlawful possession of an AK 47 firearm and a handgrenade.

Clearly the robbery and the unlawful possession of the firearm and grenade were committed for political reasons. Furthermore it seems also that they disclosed all that was required to do in terms of the Act.

We are satisfied that they have indeed complied with the requirements of the Act and in the result amnesty is GRANTED in respect of the offence of robbery to all the applicants and also for the offence of unlawful possession of the AK47 and handgrenade to Kubukeli.

Dated at Cape Town this.............day of ......................... 1999.

Signed: ..................................