DECISION
This is an application for amnesty brought by the applicant in relation to an incident or armed robbery at Stilfontein Mine.
The applicant was convicted and sentenced to 2 (two) death sentences and 32 (thirty two) years imprisonment in the Supreme Court of South Africa, (Transvaal Division) Circuit Local Division for the Western District. He was convicted of murder, attempted murder, robbery with aggravating circumstances and possession of unlicensed fire arms and ammunition.
The applicant gave evidence in support of his application that he is a PAC member and had received a crash course in the use of weapons and self defence whilst he was in exile in Lesotho.
Upon his return during 1990 he had occasion to meet one Mabina, a former APLA cadre, at a welcome party for Zeph Mothopeng (former president of PAC). Applicant met Mabina for the first time. Mabina asked Applicant for transport and money to go to Transkei to train a task force.
Applicant took the decision to get money for Mabina. He met seven other individuals who did not belong to any political organisation. They planned to rob the Fidelity Guard van at Stilfontein Mine. They were to share money equally, and applicant's share, he alleges, was to be given to Mabina to enable him to train the task force in the Transkei.
On the 15 July 1991 applicant and the seven (7) executed the robbery. They met with resistance and shooting ensued from both sides. A member of the Fidelity Guard was killed. The applicant took the money but was injured and arrested, and the money was recovered.
Shakespeare Thami Buthelezi a former APLA cadre testified on behalf of applicant. He could not shed light on the incident for which the applicant applied for amnesty. However, Mabina once mentioned the applicant and said he was in prison and that he wanted him "hijacked". He subsequently met applicant at the Johannesburg prison. Mr Buthelezi and Mabina belonged to same unit in Katlehong and he knew of no task force in Transkei and not even of any visit by Mabina to Transkei. Buthelezi was the Commander of the unit based in Katlehong and Mabina the Logistics Officer.
The evidence leader called one Eric Williams to controvert the evidence of the applicant. Mention should be made that he is serving a long sentence for the same offence as the applicant, and was implicated by the applicant as one of the other seven who was to share in the "repossession". Mr Williams gave evidence that Siphiwe from Rustenburg asked for AK 47's and he obtained them from one Japan who is from Mozambique (where he also came from) for money and sold them to the said Siphiwe. He does not know the applicant nor was he involved in the commission of the offence. He was, however, informed that the money was for an organisation and not to be shared as alleged by the applicant.
The applicant had denied emphatically the allegations of Mr Williams under cross-examination even though the applicant admitted that he did not know where the weapons came from other than enlisting the assistance of one Chris Mzimeni Lang, an MK member, whom he grew up with, to obtain arms and people to assist in the "repossession" mission.
The evidence of Mr Williams was not helpful in enhancing the case of the applicant for his amnesty application.
The question is whether the applicant committed the offence with a political objective as contemplated by section 20 of Act No 34 of 1995.
The Committee find it highly improbable that when the applicant took a decision on his own, he would do so with people unknown to him and agree to share equally with them and thereafter hand his share to Mabina. Viewing this application objectively, the applicant would have approached members of PAC or enlisted the assistance of Mabina for manpower to commit the offence. To prosecute the mission in furtherance of the objectives of the PAC with persons unknown to him cannot in our view fortify his assertions of obtaining money under the pretext that it was destined for training of the task force in the Transkei by Mabina who was belonging to a unit operating in Katlehong as testified to by Mr Buthelezi.
On the evidence as a whole, we are satisfied that the 7 (seven) individuals and the applicant as the 8th (eighth) in committing the robbery did so for personal gain.
Having regard to the robbery and the context in which it occurred, we are satisfied that the killing and robbery were not in furtherance of the "policies" of the PAC, and such acts were not associated with a political objective as contemplated in the Act.
Accordingly the applicant is not entitled to amnesty and, therefore, the application is
REFUSED: .
DATED AT CAPE TOWN ON THIS 9TH DAY OF DECEMBER 1998
