DECISION
The applicant is applying for amnesty for three counts of robbery in terms of Act 34 of 1995 as amended.
At all times relevant hereto the applicant was a member of the African National Congress ("ANC") and also a member of the Self Defence Unit in the Khumalo area near Katlehong. The area in which the applicant lived was not far from the Kwesine Hostel which was an Inkatha Freedom Party ("IFP") stronghold.
It is common cause that there was an ongoing political battle between the IFP hostel dwellers and the ANC people living in the nearby township. The ANC thus formed Self Defence Units (SDU) to protect their supporters as well as the residents. This they did because the South African Police did nothing to prevent or stop the ongoing violence.
The SDU's then sought means of trying to obtain arms. It is against this background that the events leading to this application took place.
On the 16th December 1991 the applicant was instructed by one Manyala who was an SDU commander to go and fetch hardware material at Standerton. The material was to be used for manufacturing home-made weapons for the Self Defence Unit.
He, together with others, were ordered to first rob someone of a vehicle to be used for transporting the material. On the 23rd December 1991, and at Nigel the applicant with one Ndamane tried to rob a person of a vehicle for the purpose of fetching the hardware. They were arrested by the police at the scene. The car was recovered and no one was injured. The applicant was charged and found guilty of robbery and sentenced to six years imprisonment.
On the 1st February 1992 the applicant together with others was again ordered by Manyala to go and rob someone of a motor vehicle and then use it in a bank robbery. The money obtained from the bank robbery would be used for the purchase of arms for use by the SDU.
On the 10th February 1992 and at Heidelberg, the applicant together with one Bizzah robbed a person of a motor vehicle and thereafter proceeded to rob a Volkskas Bank. They robbed the bank but were caught when their car broke down. No one was injured in both robberies and the car was recovered.
The applicant was charged and found guilty of these two counts of robbery. He was sentenced to 10 years imprisonment on each count. Seven years of the second count was ordered to run concurrently with the sentence on the first count and thus effectively he would serve thirteen years imprisonment.
We are satisfied that the applicant committed the crimes with a political objective as defined in the Act. He has made full disclosure of all facts and we are satisfied that he has complied with all the requirements of the Act.
In the premises the applicant is
GRANTED: amnesty in respect of the three counts of robbery referred to above.
SIGNED ON THE 1ST JUNE 1999.
