The applicant applies for amnesty in respect of his conviction in the Wynberg Regional Court for escaping from custody and theft. He was sentenced to four years' imprisonment, portions of which were suspended on the usual conditions.
At the time of the commission of the offences the applicant was a serving prisoner and member of the Azanian People's Organisation, AZAPO. He had been convicted of a number of
`politically related offences. He had applied for indemnity pursuant to the legislation pertaining at that time. While awaiting a decision in his application others who had applied with him were granted indemnity. He then decided to escape. To this end he and other prisoners overpowered warders and stole firearms, keys and a vehicle. They were re-arrested on that same day.
While awaiting trial on the new charges relating to the escape, his application for indemnity was granted. He argues that his conviction for escaping and theft are inextricably linked to his being in custody on politically related offences for which he has already received indemnity. We agree with his submission.
In the circumstances the applicant has satisfied the requirements of the Act and is GRANTED amnesty in respect of his convictions and sentences as set out above.