DECISION
Both applicants, members of APLA, the military wing of the PAC, apply for amnesty for armed robbery, possession of unlicensed fire-arms and ammunition and kidnapping which crimes were committed on the 21 January 1994 at Nedbank, Caledon Street, Uitenhage. They were convicted of the said crimes on the 27 January 1995 and each sentenced to fifteen (15) years imprisonment.
The first applicant received instructions for Mzukisi Nazo, a commander of the Eastern Cape to rob Nedbank at Uitenhage after identifying the bank as a target. Such instructions were given during November 1993 and the following day he started with his reconnaissance and established how the personnel of bank arrived at the bank, who arrived first, how many they were, how they performed their duties and the situation inside the bank. He confirmed this by going inside on the pretext of getting change for R250.00. He further observed how money was handed over to tellers etc. He reported this to his commander and further that the operation would need six (6) cadres.
The first applicant was given the "go ahead" to repossess the money from the bank. He, however, conducted further reconnaissance and at one stage took one Nkrumah to reconnoitre the bank with and further established that the situation had not changed.
On the 20 January 1994 Nazo, the commander, brought small fire arms with which to spring the operation as the first applicant had indicated. He selected the five (5) comrades for the mission. On the morning of the 21 January 1994 they left in a combi they had hired and fitted with false number plates for Uitenhage from Port Elizabeth.
The first applicant stood guard outside the bank. At first the operation worked according to how he had planned. But whilst the others were inside the police appeared and foiled the robbery.
He gave a sign to those inside of the presence of police and he ran away back to Port Elizabeth.
The second applicant confirmed the testimony of the first applicant and testified that they had to use their discretion how to get away. They left money and used some of the bank personnel as human shields to escape and successfully did so.
Mr Samuel Bonakele Filita, of the top structure of the PAC, was called to testify as a witness for the applicants. He confirmed the applicants membership and how he recruited the first applicant. The PAC learnt of their arrest and the leadership could not do anything.
The applications were not opposed but two of the bank employees, namely, Mr Shamien Salie and Ms Felicity Catherine Bellingham filed affidavits to the effect that the robbery traumatised them and would not attend the hearing and are leaving the decision to grant or refuse amnesty in the discretion of the committee.
There can be no doubt that the applicants were cadres of APLA. Their actions as set out above fell within the ambit of the policy of APLA and the PAC. We may mention that the Commission has had extensive evidence and received submissions detailing such policy and strategies.
We are therefore satisfied that the acts committed by the applicants are held to be associated with the political objective as envisaged by the Act.
With regard to full disclosure, we are satisfied that the applicants have made full disclosure of all material facts.
Accordingly we GRANT amnesty in respect of:-
(a) Armed robbery;
(b) Illegal possession of fire-arms and ammunition; and
(c) kidnapping.
We are of the opinion that Shamien Salie, Felicity Catherine Bellingan and Carmen Van der Merwe are victims and their matter is referred to the Reparation and Rehabilitation Committee to be dealt with in terms of Section 22(1) of the Act.
SIGNED AT CAPE TOWN ON THIS THE
: DAY OF
: 2000.
JUDGE A WILSON
JUDGE S MILLER
JUDGE N J MOTATA
