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TRC Final Report
Page Number (Original) 393
Paragraph Numbers 99 to 111
Attack on the Steaks Restaurant in Claremont
99. An APLA unit opened fire on the Steaks Restaurant in Claremont, Cape Town, on 26 December 1992, injuring five people. Mr Malcolm Visser, the owner of the restaurant, was the only victim to be seriously wounded.
100. Amnesty applicant Mr Andile Shiceka [AM 5939/97] told the Committee that he and four others had stolen a Datsun bakkie and driven to the restaurant that night. After surveying the scene and deciding there would be few obstacles to an attack, he and an operative codenamed ‘Scorpion’ stood at the door of the restaurant and opened fire for about four to five seconds. They then ran back to the bakkie204 and drove to the home of one of the operatives in Khayelitsha where they abandoned the vehicle. They heard the attack reported on the radio news the following morning. Shiceka testified that he then telephoned ‘Power’ to report the operation and said that ‘Power’ told him that he would claim it as an APLA attack under the code name ‘Bambata’.
101. Ms Amanda Warner, one of the victims and a waitress at the restaurant at the time of the attack, opposed the application in an affidavit. She stated that, since the attack, she had suffered severe emotional trauma to the extent that she was no longer able to work as a waitress or even enjoy a meal at a restaurant for fear of being attacked. She also stated that she was unable to live alone for fear of being attacked and that she feared that her attackers would hunt her down and kill her. For all these reasons, she had decided to take up residence in the United Kingdom.
102. At the conclusion of the evidence Advocate Warner, appearing for Amanda Warner, addressed the Amnesty Committee. He conceded that the evidence disclosed that the offences committed by the applicants were associated with a political objective and were committed in the course of the conflicts of the past. He conceded too that the applicants held no personal malice or grudge against the victims of the attack and that they were engaged in the liberation of the African people from white oppression.
103. Mr Andile Shiceka was granted amnesty for the attack [AM5939/97 and AC/1998/0103].204 A light open truck .
Attack on Yellowwoods Hotel, Fort Beaufort
104. APLA members Nkopani Diaho-Monaheng [AM3828/96], Lungisa Mziwonke Ntintili [AM6539/97] and Vuyisile Brian Madasi [AM6077/97] were granted amnesty [AC/2000/225] for an attack on the Yellowwoods Hotel at Fort Beaufort in the Eastern Cape on 20 March 1993, in which Mr John Jerling was shot and died instantly.205
105. Mr Madasi, who acted as commander of the operation, told the Amnesty Committee that he had received instructions from a member of the APLA High Command, the late Mr Sichumiso Nonxuba, to go to Fort Beaufort to carry out an attack at the Yellowwoods Hotel, which had been identified as a place frequented by members of the SADF, particularly on weekend evenings.
106. The following Friday, Madasi, one 'Nceba' (who was to drive the getaway vehicle for the attack and was not part of this amnesty application) and Diaho-Monaheng hijacked a red Langley vehicle from an unknown driver in Mdantsane. They drove to Alice where they collected weapons. (Ntintili confirmed to the Committee that he had supplied the other applicants with the arms in terms of orders from APLA.) They then drove to Fort Beaufort but found the hotel closed. They returned to Mxhelo Village where they left the weapons and abandoned the hijacked vehicle near Alice.
107. A week later, on 20 March, they hijacked a Nissan Sentra vehicle belonging to Mr Kenneth Mashalaba. Promising not to damage the vehicle, the applicants released Mr Mashalaba and his passenger, Ms Virginia Khatshwa, between Alice and Fort Beaufort.
108. On their arrival at the hotel, Nceba parked the car and he and Madasi positioned themselves at the front door to prevent anybody from escaping. Diaho-Monaheng positioned himself at the window.
109. The applicants then opened fire on the patrons who were drinking and playing darts in the bar. The shooting lasted for about three minutes, after which the applicants retreated. The following day they left for Transkei where Madasi reported to ‘ Power’ and Letlapa Mphahlele, members of the APLA High Command.
110. As it turned out, the hotel was not frequented by SADF members as the applicants had believed. The patrons were youthful civilians with no ties to the security forces. All except Mr Jerling escaped serious injury. At the hearing, the mother of the deceased, Ms Anna Jerling, testified that her son had no interest in politics and was still a student. He was eighteen and had friends across the racial spectrum. When he was killed, the family received condolences and messages of support from members of the local ANC Youth League.
111. Amnesty was granted as the Amnesty Committee was satisfied that the applicants were acting on the instructions of the PAC and APLA and that their actions were in line with the policies and activities of these organisations.205 Volume Tw o, Chapter Seven , p. 6 8 9 .