DECISION
Applicant, Silimela Ngesi (Qukumbana) ID No. 680614 5858, applies for amnesty in respect of the following offences:
1. An attack on the East London Petrol Depot on 19 August 1993.
2. Attempted murder of Sgt Oosthuizen and any policemen involved in the shoot-out with the police on the same date;
3. Malicious injury to property in respect of cars damaged in the abovementioned shoot-out with the police.
4. Malicious injury to property in respect of a police R5 rifle;
5. Unlawful possession of firearms being an R4 rifle, an R5 rifle, an AK47 two (2) R PG 7 rocket launchers used in the attack on the depot and shoot-out with the police.
The application by the applicant is not opposed.
The applicant testified that he had never been arrested for nor charged with the said offences. He further testified that the said acts were committed in the execution of the orders of his commander, one Bulelani Xuma, a director of special operations of APLA who also provided the arms for the operation.
The applicant was one of the members of a unit commanded by Xuma. He testified that the mission was unsuccessful in that the petrol tank did not explode as was intended and subsequently resulted in the abovementioned shoot-out with the police. Xuma is known from the evidence previously led before the Amnesty Committee to have been a director of Special Operations of APLA.
On the evidence placed before us by way of an affidavit or the applicant, incorporated into the record and marked "B", as well as his viva voce evidence, the Committee is satisfied that the applicant complies with all the requirements for amnesty as provided for in the Promotion of National Unity and Reconciliation Act, 34 of 1995, hereinafter referred to as the Act.
The reasons for the committee's decision are as follows:
1. The Committee accepts that the applicant was a trained soldier of the PAC's military wing, APLA as set out in his application.
2. The Committee is further satisfied that the offences were committed in the execution of an order of APLA and therefore are acts associated with a political objective as required by Section 20(1) of the Act.
3. The applicant's evidence broadly corresponds with a statement of one Warrant Officer Roberson who was at the scene of the shoot-out at the time of the incident involving the shoot-out with the police.
Accordingly, amnesty is
GRANTED: to the applicant in respect of the following offences
1. The attack on the East London Petrol Depot in East London on 19 August 1993.
2. The attempted murder of Sgt Oosthuizen and any other policeman involved in the shoot-out between the applicant and the police in East London on 19 August 1993.
3. Malicious injury to property in respect of a police R5 rifle.
4. Unlawful possession of firearms being an R4 rifle, R5 rifle, a AK47 rifle and 2 R PG 7 rocket launchers.
(Signed)
