DECISION
The applicant applies for amnesty in respect of the robbery of a Mercedes Benz car on 1 December 1993 at Alrode. They threatened the owner at gun point, demanded the keys and drove off with the car.
From the documents presented at the hearing the following facts appeared to be undisputed:-
1. The two applicants and one Thulani Hlatshwayo robbed one Stuart Brian Curtis on 26 October 1993 of a BMW car, registration number JSH 130T.
2. The two applicants and Hlatshwayo also robbed Trevor Allan Farrow at gun point of his Mercedes Benz car, his wallet, watch, pens and ID document on 1 December 1993.
3. The three of them robbed B.E. Thorpe of his Mercedes Benz, watch, pistol and R700.00 cash on 6 December 1993, also making use of a fire arm.
4. On 21 February 1994 Khumalo and Hlatshwayo attempted to rob Constable Maake of his 9mm pistol. At the same time they attempted to escape.
The two applicants were both convicted in respect of the robbery of Farrow's car on 1 December 1993 and sentenced to ten (10) years imprisonment. Applicant Khumalo and Hlatshwayo were also sentenced to four (4) years imprisonment for the attempted robbery of constable Maake. They were acquitted on the other charges but in evidence before the commission admitted that they were guilty of the other robberies as well.
The applicants testified that they were not members of the ANC but were supporting the organisation. Khumalo stated that he was a member of the SDU in Siluma View. Sithole on the other hand was not even a member of the SDU. Khumalo later stated that he only heard of SDU membership after the event. He wasn't aware of the formal existence of membership at the time of the robbery. Sithole stated that he was requested by Ephraim Pitso and Stanley to rob Whites in order to obtain money to buy firearms needed for the protection of the community. He received the order while in the company of one Happy (now deceased) his co-applicant Khumalo and Hlatshwayo already referred to. This Mr Pitso also happened to be his landlord while Stanley Ndengane was a neighbour. According to him they also landed in prison.
Two days after the robbery they sold the car for R10 000.00 and received the money from one Mike. They then proceeded to steal another car on 6 December 1993, again sold it to the same persons in Western Area for R1 500.00 but were arrested on their way back home. It seems clear that their arrest was the result of a police trap.
Having considered all the evidence the Committee is not satisfied that the offence applied for was associated with a political objective. The applicant also failed to make full disclosure about the wallet, watch, pens and ID document stolen. Those items were only mentioned during cross-examination.
The applicants were not members of a known political organisation. They didn't attend any meetings of the ANC or the SDU. There is no evidence that they were at any stage actively involved in the political struggle.
The application for amnesty is therefore REFUSED.
Signed at Cape Town on this the
: day of
: 1999
Judge S. Miller
C. de Jager (AJ)
Adv. S. Sigodi
