DECISION
The applicant applies for amnesty in respect of the offences of murder and robbery with aggravating circumstances which were committed at the Fruit Corner Shop, 14 Station Street, Randfontein on 16 April 1994.
The applicant stated that he is a member of the Pan Africanist Congress (PAC) and was a member of the Azanian Peoples Liberation Army (APLA). He received his military training abroad and returned to South Africa during 1992 where he was the commander of a three-man unit. He received instructions from his superior in APLA, one Thapelo Patrick Maseko, to carry out an operation with his unit at the aforesaid Fruit Corner Shop.
The object of the operation was to obtain funds for APLA by forcefully taking money from the shop. The unit proceeded to the shop during the evening of 16 April 1994. The applicant and one of his colleagues were each armed with an R4 automatic rifle. The third member of the unit was armed with a hand grenade. When in the shop the applicant threatened the owner, one Joao Manuel Jardim, with his rifle and demanded money. Mr Jardim responded by saying he had no money and the applicant then took it upon himself to look for money in the till. While so doing Mr Jardim tried to grab the applicant’s rifle and the applicant shot him.
Mr Jardim died as a result of the shooting. The applicant took approximately R3000,00 from the till and he and his colleagues fled from the shop. While fleeing one of the applicant's colleagues shot at and wounded a person. The money obtained from the shop was later handed over to the said Maseko. Thapelo Patrick Maseko also testified before the committee. He confirmed that he was the applicant's superior in the APLA hierarchy and that he instructed the applicant to carry out the operation at the fruit shop. He explained that he gave the instruction for the operation to be carried out notwithstanding the fact that the first democratic elections were due to take place within a matter of days because the PAC had not et suspended the armed struggle as it was publicly stated by their President that the PAC would not "abandon the bullet until the ballot is secured" and also because certain right-wing movements were still actively pursuing a policy of violence with the intention of disrupting the elections. He also confirmed that it was policy to raise funds for APLA by "repossessing" money and other valuables from white people and that no distinction was made between hard and soft targets in this regard.
No member of the unit stood trial in respect of this incident. The application is not opposed.
We are satisfied that the offences committed by the applicant were acts associated with a political objective committed in the course of the conflicts of the past. In this regard it is clear from the evidence before us that the actions of the applicant fall within the provisions of section 20 (2) (a) read with section 20 (3) (e) of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 (the Act).
We are also of the view that the applicant had made a full disclosure of all material facts and that this application complies with the requirements of the Act. In the circumstances the application succeeds and the applicant is
GRANTED: amnesty in respect of the murder of Joao Manuel Jardim and of the armed robbery which were committed at 14 Station Road, Randfontein on 16 April 1994.
We are of the opinion that Jose Jardim of 109 Hans Strydom Street, Pongola, the brother of the deceased, and David Oupa Motshaole of 1609 Rakele St., Mohlakeng are victims in this matter as contemplated in section 22 of the Act and this matter is referred to the Committee on Reparation and Rehabilitation for consideration in terms of section 26 of the Act.
SIGNED AT CAPE TOWN THIS 15 DAY OF DECEMBER 1998.
JUDGE S MILLER
ADV. NJ MOTATA
ADV FJ BOSMAN
