DECISION
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Having considered the matter and for the reasons which will follow, amnesty is hereby GRANTED to Applicant in respect of the following offences committed during the period 26 -27 March 1993 at or near the premises of I&J Frozen Products, Jeppes Town, Johannesburg :
1. Two counts of attempted murder committed on 26 March 1993;
2. One count of attempted robbery with aggravating circumstances committed on 26 March 1993;
3. Unlawful possession of AK47 assault rifle committed on 27 March 1993;
4. Unlawful possession of ammunition committed on 27 March 1993.
Applicant was convicted of the above offences in the Johannesburg Regional Court and sentenced to an effective 15 year term of imprisonment on 18 October 1994 in case no. 41/2103/93.
The application is not opposed. Applicant testified in support of the application briefly to the following effect. He joined the Pan Africanist Congress during 1989. Later that year he met an Azanian Peoples Liberation Army member, one Brian, and joined the Apla Task Force Group. The latter comprised internally militarily trained cadres who complement Apla activities and operated under the command of Alpha member. Brian in fact gave Applicant basic military training and the latter became a member of the unit under Brian's command in Katlehong. The unit was commanded by different persons from time to time until 1992 when it was commanded by one, Jerry "KK". The latter mooted the idea of forming a second unit to engage in raising funds for this purpose. It was an established Apla strategy to employ illegal means of raising funds for operations and other organisational means. This was done mostly through robberies.
A unit of five persons under the command of Applicant was formed for this operation. One of the unit members who was employed as a security guard at I&J indicated that large sums of money were available at the premises. The unit decided to attack the premises in order to repossess the money.
During the late afternoon on 26 March 1993 the unit entered the I&J premises. Applicant was armed with an AK47 assault rifle. The unit was surprised by employees of I&J and Applicant fired shots at them. The plan was foiled and the unit fled from the scene. Applicant concealed the AK47 in the vicinity and went home. He returned early the next morning, 27 March 1993, by car to recover the AK47. He was accompanied by two other persons. On their way home the car was stopped by the police and they were arrested.
Applicant was released on 21 April 1993 after his bail was paid by the PAC. He subsequently wrote a report of the operation to his commander and submitted it to the PAC Headquarters in Johannesburg. This report was discovered by the police during a raid on the PAC Headquarters during May 1993. Applicant was re-arrested and charged with the offences set out above.
The PAC has confirmed in a letter dated 9 September 1998 that Applicant is a member of the organisation and that the incident relates to PAC /Apla operations.
Having carefully considered the evidence as well as the other material placed before us, we are satisfied that the Applicant complies with all the requirements of the Act. The Applicant has made a full disclosure of all relevant facts and we are satisfied that the incident constituted an act associated with a political objective in accordance with the provisions of the Act.
Dated at ................................ this day of ................... 1999.
Signed:
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JUDGE DENZIL POTGIETER
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ADV. L. GCABASHE
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DR. W. TSOTSI
