DECISION
______________________________________________________
The applicant makes application for amnesty in terms of Act 34 of 1995 as amended (the Act) in respect of:-
(1) One count of attempted murder;
(2) Unlawful possession of a firearm and ammunition;
(3) Robbery of two (2) firearms and ammunition from the Frankfort Police Station;
(4) Malicious injury to property at the Frankfort Police Station;
(5) Two counts of attempted murder at Mdantsane;
(6) Theft of two (2) firearms and ammunition;
(7) Malicious injury to property of the South African Police services; and
(8) Unlawful possession of a firearm and ammunition.
The applicant, also known as Chocho Sekola, was at all material times a member of the African National Congress ("ANC") as well as of its military wing uMkhonto weSizwe ("MK") which he joined in 1985. He was trained in various disciplines while in exile and returned to the Republic of South Africa in 1991. During 1992, the strategy of MK was to obtain funds to acquire arms and other materials necessary for the purpose of attaining the political objectives of the ANC. Applicant was attached to the security department of the ANC and he was based in Cape Town. Part of his duties was to render protection to members of the ANC leadership such as Chris Hani, the Chief-of-Staff of MK. During one of the visits of Chris Hani to Cape Town, the latter ordered applicant and another MK operative, Monwabisi Tsewu, to acquire firearms for the purpose of defending the community and to train new recruits to the Self Defence Units. Chris Hani did not identify specific targets whence firearms had to be obtained. In execution of this order, applicant proceeded to Frankfort where the local police station was reconnoitred and identified as a target for acquiring firearms. Applicant was a member of an MK unit operating under the command of Monwabisi at the relevant time.
On or about 12 August 1992 the applicant and four other members of their MK unit proceeded to the Frankfort police station in order to rob the police station of arms. They were all armed. Applicant was in possession of an Uzzi sub-machine gun. They arrived at the police station in the early hours of the morning. There were two policemen on duty. One was sleeping outside in a police van and the other one was asleep on a chair inside the building. He refused and became involved in a scuffle with applicant. He was eventually disarmed.
The applicant and some of his colleagues gained entry to the building of the police station by kicking the door open. The policeman inside was taken by surprise and dropped his firearm which was picked up by one in the applicant's group. he indicated that the safe with the firearms was locked and the key was not held in the premises. A shot was herd from outside. Applicant estimated that approximately three shots were fired in total. He gained the impression that the policeman who was outside the building was injured in the shooting. he did not exclude the possibility that the policeman inside the building was also injured as the latter apparently indicated in his instructions to the leader of evidence, which instructions were put to the applicant in cross-examination.
When it appeared that no other firearm was available, the applicant and his group fled the scene after having instructed the policeman inside the police station to run away. Both firearms taken from the policeman, a 9 mm Parabellum and a 7.65 pistol, were loaded. These firearms were handed over to one Ndoda, an MK member based in Mdantsane.
At Mdantsane, a day or two after the incident at Frankfort, Muntsu, a member of MK, asked the applicant and Monwabisi to accompany him to visit a friend. On the way they encountered a police van in the street. This group was armed. The police indicated that the group should stop. Monwabisi ordered Muntsu to continue and not to stop. As they approached a cross-road junction, the police attempted to overtake them. Monwabisi shot at the police van. At some time, the motor vehicle in which the applicant was travelling was forced to stop. The occupants alighted and started to shoot at the police van. The applicant noticed that the van had half overturned and was balancing on a huge stone.
The applicant went to the van, opened the door and found two policemen in it. Both appeared to be dead. The applicant took one 9 mm pistol and one of his colleagues took another pistol from the policemen. All of them then ran away with the firearms. These firearms were also handed over to Ndoda at Mdantsane. The Act provides for the granting of amnesty where the applicant complies with the formalities of the Act and furthermore, if the acts for which amnesty is sought were committed with a political motive and also if a full disclosure of the facts relating to these acts is made.
We are satisfied that the applicant has complied with the requirements of the Act and consequently amnesty is granted to in respect of:-
1. One count of attempted murder;
2. Unlawful possession of a firearm and ammunition;
3. Robbery of two (2) firearms and ammunition from the Frankfort Police Station;
4. Malicious injury to property at the Frankfort Police Station;
5. Two counts of attempted murder at Mdantsane;
6. Theft of two (2) firearms and ammunition;
7. Malicious injury to property of the South African Police Services; and
8. Unlawful possession of a firearm and ammunition.
Zanile Melvin Matiso is declared a victim as envisaged by the Act and is referred to the Reparation and Rehabilitation Committee for attention.
SIGNED AT...............this....day of..................
____________________________
JUDGE R PILLAY
____________________________
JUDGE D POTGIETER
____________________________
MR J B SIBANYONI
