DECISION
INTRODUCTION
The three applicants apply for amnesty in terms of section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act") in respect of the undermentioned offences for which the first and second applicants were convicted on the 11th of February and sentenced on the 15th of February 1993 in the Witwatersrand Division of the High Court of South Africa. The third applicant managed to evade arrest by the police at the scene of the incident and was never tried for the offences.
The following charges were brought against the first and second applicants which all related to an incident at Krugersdorp, Gauteng, on the 27th of September 1991 :
COUNTSDESCRIPTION
1 Attempted murder of Karel Libete at Krugersdorp.
2 Attempted murder of Isaac Denga.
3 Attempted murder of Izekiel Moltesame.
4 Attempted murder of Gert Jacobus Botes.
5 Attempted murder of Leon van Heerden.
6 Armed robbery of Pieter Johan Barbas with aggravating circumstances.
7 Murder of Pieter Johan Barbas.
8 Unlawful possession of a Stegin pistol.
9 Unlawful possession Stegin Pistol ammunition.
10 Unlawful possession of an AK47 machine gun and magazine.
11 Unlawful possession of ammunition to be fired out of an AK47 machine gun.
The remainder of the charges were brought against the first
applicant only :
12 Unlawful possession of Stegin pistol ammunition.
13 Unlawful possession of an AK47 machine gun and 8 AK47 magazines.
14 Unlawful possession of AK47 ammunition.
15 Unlawful possession of explosives namely 7 x MPM limpet mines, 9 x VZD3M detonators and 9 x "Springdoppies" for the VZD3 detonators.
The second applicant was convicted on all counts, save count 8.
The first applicant was convicted on counts 6 and 7 only.
FACTS IN BRIEF
All three applicants were members of the African National Congress Youth League (ANCYL), Meadowlands branch, Soweto, Gauteng Province. The first applicant was also a member of the South African Communist Party (SACP). At some stage he held the following positions in these organisations : Secretary for Political Education (ANCYL); Secretary to the SACP's Coordinating Committee in Meadowlands. He also served in the Soweto Civic Association.
The Second applicant was a chairperson of the ANCYL in Meadowlands and ex-officio member of the ANC branch executive.
Only the first applicant testified before the Amnesty Committee. The second and third applicants confirmed both their individual applications as well as the viva voce evidence given by the first applicant. The latter told the Committee that he was working for the Umkhonto we Sizwe (MK) underground operations since 1987 until it was disbanded. On a certain day he was approached by a person he only knows as Comrade Shakes who lived in Thlabane, Rustenburg with a request that an MK unit be established in his area.
The first applicant conveyed the request to the second applicant and eventually to another person only known as Comrade BB.
It was decided that the matter should be delayed and that Shakes should be tested as to whether he could be trusted. Among others he was given literature to educate him politically.
Shakes' request was also discussed with the late Chris Hani who was MK's chief of staff. Chris Hani approved the request on condition that the weapons to be obtained for the unit should be properly safeguarded.
The weapons had to be collected from Rustenburg by the applicants. The departure from Soweto to Rustenburg was set for 05H00 on the 27th of September 1991. They travelled in a blue City Golf with the consignment of weapons. They had planned that a person known as Comrade Tshego would meet them at a taxi rank in Magaliesburg. Next to Magaliesburg they came across a road block manned by traffic officers. Their car was stopped and the driver, the third applicant, was questioned for about 10 minutes whilst other officers were apparently insulting the other passengers. The applicants became concerned that the traffic officers would observe the weapons in the vehicle.
When the applicants realized that the officers were about to search their vehicle and discover the weapons, they devised a plan to escape from the road block. They drew their firearms and fired in the direction of the traffic officers and sped away. The officers returned fire and the rear window of the vehicle was damaged. Their car was not fast enough. They came across a BMW driven by Pieter Johan Barbas, the deceased in count 7. In pursuance of their objectives and in an attempt to evade arrest by the police, they decided to take Mr. Barbas' car and continue fleeing by using it. He resisted. He was attacked and shot and the car was taken away from him at gun point.
They got into the BMW and turned and drove towards Randfontein being pursued by police reinforcements and a police helicopter. They had a tyre burst and were compelled to abandon the car and run in different directions. The first and second applicants were eventually surrounded by the police and arrested. The third applicant managed to escape.
The police could not find all the weapons as the applicants had succeeded in hiding some in a disused house. Some of the weapons were later found at the second applicant's house. Hence the aforementioned arraignment and conviction.
CONCLUSION
On the evidence we have heard and on the other information before us, we are satisfied that the applications comply with the requirements of the Act. The actions were done in furtherance of the policies of the ANC and particularly the SDU as explained in the document entitled "For the Sake of Our Lives". The skirmish with the traffic officers and the subsequent shoot out between the officers and the applicants as well as the assault on Mr. Barbas and robbery of his car was a continuation of this objective, namely to move from Soweto to Rustenburg to form an SDU and supply it with weapons. Thus these are acts associated with a political objective. The applicants have made full disclosure of all relevant facts.
The are accordingly
GRANTED: amnesty in respect of all the offences of which the first and second applicants were convicted and for which the third applicant has applied for as set out above.
The Committee finds that the persons mentioned in annexure "A" are victims and are hereby referred to the Reparation and Reconciliation Committee in terms of Section 26 for its consideration.
SIGNED ON THE 16 DAY OF NOVEMBER 1998.
DENZIL POTGIETER, A.J.
JB SIBANYONI
ADV. LEAH GCABASHE
ANNEXURE A
1. Relatives of Mr. P.J. Barbas
2. Senior Inspector L. van Heerden
3. Inspector C.J. du Preeze
4. Senior Inspector Isaac Denga
5. Senior Inspector K. Lebethe
6. Inspector E. Maletsane
7. Inspector G.J. Bates
8. J.A. Barbas (deceased)
INFORMATION TO BE SUPPLIED WITH DECISIONS
