DECISION
The applicant applies for amnesty in respect of the offences of public violence, kidnapping, assault and robbery which were committed on or about 15 October 1988 at or near Sebokeng.
At the time of the commission of the offences the applicant was a 17 year old youth who was a member of the Congress of South African Students (COSAS), a politically active organisation which was aligned to the African National Congress (the ANC).
On the day in question the applicant together with a number of other persons, referred to as comrades, hijacked a furniture truck in Zone 14 Sebokeng. They then drove the truck to Zone 7, Sebokeng, where they went to the houses of three other comrades who they regarded as being ‘sell-outs’ as they had testified as State witnesses in a trail of another comrade who was found guilty and sentenced to a long term of imprisonment. It was their intention to abduct the persons who they regarded as being sell-outs and to take them to Soweto where they would be subjected to a trial by their peers.
When in Zone 7 they first went to the house of one Ntaoleng. The house was locked and they smashed some window panes. They did not succeed in catching Ntaoleng. They then proceeded to the houses of Paseka George Motaung and Christina Nthabiseng Mololo which were next to each other. There they caught hold of and assaulted the said two persons. They put them in a truck against their will and then drove off to Soweto.
Before they reached their destination they were accosted by a police patrol. The applicant and some of his comrades fled the scene but were later arrested.
The applicant was charged and convicted and sentenced to undergo four years imprisonment.
The applicant was not an entirely satisfactory witness. He was, in certain respects, confused as to detail and sequence of events. We are, however, after careful consideration, of the view that the unsatisfactory features of the applicant’s evidence should not result in us finding that he has not made a full disclosure as is required by the provision of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 (the Act). He admitted to participating in the abovementioned events and associated himself with the commission of all the crimes. The unsatisfactory elements of his evidence may be ascribed to al lack of proper recollection probably due to the passing of time rather than to deliberate lies.
We are also satisfied that the whole incident was a series of acts committed with a political objective as envisaged by the provisions of the Act. The hijacking of the furniture truck was found by the trial court to be a political act and the evidence before us does not lead us to the conclusion that such robbery was committed for personal gain. The offences committed against the said Ntaoleng, Motaung and Mololo were committed by the applicant and his co-perpetrators in the belief that they were acting against persons who had collaborated with their political enemy.
We are accordingly of the view that the application succeeds and therefore the applicant is GRANTED amnesty in respect of public violence, the assault and kidnapping of Paseka George Motaung and Christina Nthabiseng Mololo and the robbery of a furniture truck all of which were committed on 15 October 1988 at or near Sebokeng.
We are of the opinion that Ntaoleng (whose house was damaged), Paseka George Motaung and Christina Nthabiseng Mololo (who were both assaulted and kidnapped) and the unknown owner and/or driver of the furniture truck are victims and this matter is referred to the Committee on Reparation and Rehabilitation for its consideration in terms of the provisions of the Act.
SIGNED AT CAPE TOWN THIS THE 16th DAY OF NOVEMBER 2000
SIGNED...................
