DECISION
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The applicants applied for amnesty in respect of the following offences:
1. Robbery with aggravating circumstances in that they robbed Jose de Freitas of R2 265.00, a wristwatch and keys at Denver on 22 February 1994.
2. For being in illegal possession of firearms and ammunition.
The applicants were found guilty and sentenced to 12 years effective imprisonment.
The applicants both testified and corroborated each other. According to them, they were hotel dwellers living in the Meadowlands hostel which was during the time a hostel predominantly occupied by supporters of the Inkatha Freedom Party. it was during the run-up to the first democratic election and it is common cause that political conflict between IFP members and ANC supporters resulted in a war situation.
The applicants testified that they fell under the jurisdiction of Induna Msomi and Botha Shwala was the leader Induna of the youth in the hostel and his deputy was Ngonda Ngema.
According to the evidence the applicants were summoned by Induna Msomi to come and see him. The two applicants, Themba Shelembe and Mkhwanazi, who were also asked to attend, met Msomi who informed them that the IFP was in need of money to buy weapons in order to defend themselves against ANC attacks and to be ready to carry out whatever instructions they might receive during or after the coming election. They were joined by the other two leading Indunas, Shwala and Ngema, and were told that the four of them, the two applicants, Shelembe and Mkwanazi, were to carry out a robbery at a bottle store at Denver, about 40 kilometres from where they stayed. The purpose was to rob the bottle store to obtain money in order to buy weapons for their organisation. The seven of them then planned the operation together. Msomi gave them money to go and do reconnaissance on a Sunday. He informed them about the procedure followed by the employees in the mornings when the bottle store is opened and instructed them to go in the morning, on Monday morning, to await the opening of the bottle s tore and to strike as soon as the employees entered the store. They were also given taxi fare for the operation on the Mondya.
On Monday everything went according to plan. They entered the bottle store and demanded money at gun point. The guns were handed to them by Msomi. The safe was unlocked and the money collected. Mkhwanazi had the money bag while they forced the three employees into a cold storage room, closed the door and stacked beer cases against the door to prevent the opening thereof. On leaving the bottle store, applicant Myaka saw a wristwatch and a bunch of keys and grabbed it. He considered the watch to be of monetary value which could assist in the buying of weapons and intended to lock the bottle store with the keys in order to keep the employees inside.
While they were leaving the business, Mkwanazi came rushing back and informed them that the security guard is coming. Mkhwanazi dropped the bag and Shelembe picked it up and they rushed out into the street. They were confronted by the security guard who was joined soon after by the three employees who managed to escape from the cold storage room. A shoot out followed, Shelembe was gunned down and the money was retrieved. The two applicants fled to the Denver hostel, which they knew was an IFP bastion, but were arrested before they could reach it. Mkhwanazi escaped and has not been seen since.
Myaka further testified that Msomi assisted him in paying half of his bail money and he believed that this came from the IFP. Mhlongo testified that he received no assistance at the trial from the IFP or Mr Msomi but that Msomi h as since assisted his family with maintenance in the amount of R600 per month. He believed that this money comes from the party's sources.
The Committee is aware that the IFP has consistently stated that they were not involved and did not associate themselves with violence or robberies. There is, however, abundant evidence in various applications that party members and supporters were involved in the inter-party warfare and that money was obtained by legal and illegal means for the purchase of weapons. Evidence was tendered on more than one occasion by supporters of the IFP) that hostel dwellers were engaged in this political war and it is accepted that illegal methods were used to obtain money for guns. In this process innocent and often non-political aligned people fell victim to robberies.
In the result, amnesty is GRANTED to both applicants in respect of:
1. Robbery with aggravating circumstances in that they robbed Jose de Freitas of R2 265,00, a wristwatch and keys at Denver on 22 February 1994.
2. For being in illegal possession of firearms and ammunition.
We are of the opinion that Mr Jose de Freitas is a victim as defined in the Act and hereby recommend that he be referred to the Committee on Reparation and Rehabilitation for consideration in terms of Section 26 of the Act.
DATED AT THIS DAY OF 2000.
____________________________C DE JAGER (AJ)
____________________________ADV S SIGODI
____________________________MR J B SIBANYONI
