DECISION
The applicant applies for amnesty in respect of the following offences:
1. The murder of Jacobus Petrus Ward, a seventy year old male, on 21 December 1992, on the farm Emmaus in the district of Theunissen.
2. The murder of Emmarentia Cornelia Ward, a thirty year old female, on 21 December 1992 on the same occasion.
3. The attempted murder of Anna Wilhelmina Ward, a sixty nine year old female on the same occasion.
Although the applicant was also found guilty of attempted robbery with aggravating circumstances he did not apply for amnesty in this regard.
The applicant was born in Lesotho and it was common cause at his trial that he was a Lesotho citizen at the time and working on the Free State gold mines. At the present hearing he professed to be a South African citizen, but could not produce any identity documents and later on confessed that he was not in possession of any. This might have been of importance in order to decide whether the envisaged amnesty would play a role in the reconciliation of our deeply divided society and whether the offences related to conflicts of our past. Normally, a foreign citizen like the applicant would not be considered as a member of one of the opposing groups in the South African conflict. In view of our conclusion on the other aspects of the application, the Committee did not find it necessary to arrive at a decision whether the applicant owed such an allegiance to the Republic of South Africa that would bring him within the ambit of a party involved in our conflicts of the past, striving for equal political rights for all South African citizens.
The applicant testified that he joined the PAC during 1990 in Virginia. There was no PAC branch in Virginia and the only PAC members he ever met were Sebande, who recruited him, Rasta Moloto to whom he was introduced by the said Sebande and one Lebohang Mey, who he met on one occasion before the incident. He, however, never attended any PAC meeting, could not even give the motto of the PAC and could only vaguely refer to the aims and objectives of the PAC.
According to him, Rasta Moloto told him that the two of them should join the PAC Task Force as a result of instructions received by Rasta from Mey. The two of them then formed a unit and decided to target the farm of the elderly Ward family in order to carry out the policy to "repossess". They went on 20 December 1992, to do recognisance. They decided that they would need the assistance of two more people. Rasta took the responsibility of getting two others to assist whilst the applicant accepted responsibility of organising transport from Virginia where they stayed to Theunissen where the attack was to take place. The next day Rasta brought two men, Johannes Leabe alias Bles and Potsotso and told him that they would assist them. He did not know these men and still does not know whether they had anything to do with the PAC or politics. He has organised one Seuntjie Tasi to take them to Theunissen in his taxi. They had to pay him R50,00. (It appears that Theunissen is between 30km and 40km from Virginia.)
When they approached the farm Rasta ordered the taxi to stop at the farm gate and to turn back. He ordered Leabe and Potsotso to remain at the gate. According to the applicant they would be called later to assist in carrying the loot. They intended to take whatever could be useful for the organisation.
On reaching the farm, he knocked on the door and Rasta and the farmer conversed in Afrikaans which he did not understand. Rasta was armed with a .22 pistol and he had a .38 revolver. Rasta forced his way past the farmer into the house and gun shots followed. The applicant shot the farmer and on entering the house saw Rasta being wounded and falling. He tried to drag him out of the house but saw a young woman approaching with a gun and he shot her. Another woman threatened him with a shoe and he also shot at her. Rasta thereupon managed to get on his feet and said they should leave. They left and soon saw cars approaching the farm. They did not go back to the gate and fled into the veld. Rasta fell down and was later found dead by the police. The applicant managed to escape.
The applicant further testified that Leabe and Potsotso refused to partake in the attack when they were told at the gate that the intention was to rob the farmer in order to "repossess".
The Committee is not satisfied that the offences are associated with a political objective and that the applicant and the deceased (Rasta Moloto) acted on behalf of or in support of a political organisation. All the evidence pointed to the contrary - the involvement of people whose political affiliation was unknown, the fact that applicant himself never attended any political meetings, bearing in mind that the incident took place in 1992, long after the unbanning of political parties. All the evidence pointed towards the probability that this was a criminal offence for personal gain.
Amnesty is therefore REFUSED in respect of the murders of Jacobus and Emmarentia Ward and the attempted murder of Anna Ward on 21 December 1992 at the Farm Emmaus in the district of Theunissen.
SIGNED AT CAPE TOWN ON THIS
: DAY OF
: 2000
: JUDGE J MOTATA
: ACTING JUDGE C DE JAGER
: ADVOCATE N SANDI
