DECISION
The two applicants have both applied for amnesty in respect of the following offences:
1. Murder of Johannes Theodorus Kemp on 9 October 1990 at or near Durban for which they were both sentenced to nine (9) years imprisonment in the Durban and Coast Local Division of the Supreme Court under Case No. CC56/91 on 15 May 1992.
2. Attempted murder of Sunelle Elize Lourens on 9 October 1990 at or near Durban for which they were both sentenced to 3 years imprisonment in the Durban and Coast Local Division of the Supreme Court under Case No. CC56/91 on 15 May 1992.
3. Attempted murder of Adine Leigh Anne Pearce on 9 October 1990 at or near Durban for which they were both sentenced to 3 years imprisonment in the Durban Coast Local Division of Supreme Court under Case CC56/91 on 15 May 1992.
4. Attempted murder of Alberto de Arzich Magalhaes de Lima on 9 October 1990 at or near Durban for which they were both sentenced to 3 years imprisonment in the Durban and Coast Local Division of the Supreme Court under Case No. CC56/91 on 15 May 1992.
5. Attempted murder of Ryan Christopher Kruger on 9 October 1990 at or near Durban for which they were both sentenced to 3 years imprisonment in the Durban and Coast Local Division of the Supreme Court under Case No. CC56/97 on 15 May 1992.
6. Attempted murder of Floretta York on 9 October 1990 at or near Durban for which they were both sentenced to 3 years imprisonment in the Durban and Coast Local Division of the Supreme Court under Case No. CC56/91 on 15 May 1992.
7. Attempted murder of Maria Lovverdis on 9 October 1990 at or near Durban for which they were both sentenced to 3 years imprisonment in the Durban and Coast Local Division of the Supreme Court under Case No. CC56/97 on 15 May 1992.
The sentences in counts 3 – 7 were to run concurrently with the sentence in count 2.
Both applicants submitted the prescribed forms which were properly signed and properly attested to. The offences were committed before the cut-off-date and the forms were also received before the cut-off-date. Thus they have complied with the formal requirements of the Act in terms of Section 20 (1) (a) of the Promotion of National Unity and Reconciliation Act of 1995.
Both testified that they were supporters of the Pan Africanist Congress (PAC).
The victims were notified by way of an advertisement which was published in the newspaper. The application was not opposed. The victim who was present, Mrs Pearce only sought clarification on who the real attacker was and this was done by way of cross examination by the Evidence Leader.
THE INCIDENT
The first applicant Zamokuhle Gregory Sithole testified that he was recruited to the PAC by a certain Howmore Ngcobo. He attained full membership in 1989 and used to attend meetings which were held in the Butterworth Hotel in Durban. One of the issues which used to be discussed was the issue of the White People who were ill-treating Black People. They also realised that Black political organisations like the African National Congress (ANC) and the Inkatha Freedom Party (IFP) were fighting amongst themselves because of the whites. The resolution which they came to at these meetings was that Whites should be attacked at random in order to show the government that the PAC would not be stopped from struggling for freedom. They also perceived the state in the country as a situation of war as Barend Strydom had attacked Blacks at random and they also felt that the white people should also be attacked.
On 8 October 1990 Howmore Ngcobo came to the applicant’s home with other comrades. They decided to go to the Point Road in Durban as they knew that this place was frequented by white people. They decided at a meeting in Point Road where they met other comrades that a certain shop would be robbed where they would obtain knives and weapons which were going to be used to attack the Whites. They all knew that the attack was going to take place on 9 October 1990. At about 9.15 the following day they gathered, went to the shop which had been identified and robbed the shop owner of knives and other weapons. The applicant armed himself with two dagger knives. They went outside. The applicant testified that he stabbed two white females whom he could not recall. He was unable to say who caused the killing of one of the victims.
After this, the police came to the scene. There was shooting. He however was later apprehended together with the second applicant.
The second applicant confirmed the first applicant’s version. His testimony differed in that he did not attend the meeting at first applicant’s home on the 8 October 1990. He only joined the group at Point Road in the evening. He confirmed that the political objective which their group sought to achieve was to eliminate all whites who were perceived to be the enemy of Blacks and were also perpetrating human rights violations.
In order to be granted amnesty, the applicants must satisfy the Committee that:-
1. Their application comply with the requirements of the Act.
2. The act, omission, offences is an act associated with a political objective.
3. The applicant has made a full disclosure of all relevant fact.
With regard to these instances we are satisfied that the applicants acted in their capacities as members of the PAC. Although there was no evidence that the victims were involved in politics at all, their actions were in line with the policies of the PAC at the time. We are also satisfied that they committed such acts during the course of the conflicts of the past and that such acts are acts associated with a political objective. We are also satisfied that they have disclosed sufficient relevant facts.
In the result we are satisfied that the applicants have complied with the requirements of the Act and they are GRANTED amnesty in respect of all the offences that they have applied for.
The following persons who were injured or deceased are found to be victims and are accordingly referred to the Reparations and Rehabilitation Committee in terms of Section 22 (1) of the Act.
1. Relatives of Johannes Theodorus Kemp
2. Sunelle Elize Lourens
3. Adine Leigh Anne Pearce
4. Alberto de Arzich Magalhaes de Lima
5. Ryan Christopher Kruger
6. Floretta York
7. Maria Lovverdis
SIGNED AT CAPE TOWN ON THIS THE _______ DAY OF ____________ 2000.
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ACTING JUDGE C. DE JAGER
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ADV. F. BOSMAN
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ADV. S. SIGODI
