DECISION
The Applicant makes application for amnesty in terms of Act 34 of 1995 as amended ("the Act") in respect of one count of Armed Robbery, one count of Consipiracy to commit Robbery and one count of Theft. He testified that he is a trained member of the military wing ("MK") of the African National Congress ("ANC"). He was trained in different foreign countries over a period of about five years. He was finally deployed in Umlazi, KwaZulu Natal.
He was then, he said, approached by one Mr Maphumulo and one Mr Fraser Shamase who were ANC Commanders in Umlazi and both now deceased. Because of the political situation regarding violence in the area, they ordered him to obtain firearms and ammunition. The manner, he testified, was left to his discretion. The Natal Building Society was targeted as a place which would provide sufficient funds to buy the necessary arms and ammunition. He raised this with his commanders who approved of the robbery. This he did, he testified, after negotiating a price of R36 000 or a kombi motor vehicle as payment for the arms.
He said that he was provided with the assistance in the form of two recruits namely Themba Mthethwa and Jabulani Zitha. They were also provided with a motor vehicle and weapons for the purpose of committing the said robbery. He said he chose them because they were accustomed to committing such offences and were experienced therein.
When they went to the bank they aborted the idea because it was heavily guarded.
In the vicinity of the bank, they were able to steal a kombi. Thereafter they proceeded to go and rob the New Geulderland Bottle Store of its money. The robbery went awry and some of the Applicant's colleagues surrendered and were arrested. The Applicant escaped having been separated from his colleagues.
He testified that he decided to make his way to Mozambique to purchase the firearms as arranged. He was arrested near Greytown.
When he was confronted with the proposition that Greytown would not be on the normal route to Mozambique, he said that he deliberately took an unusual route to confuse anyone that might be following him. His reason for stopping in the vicinity of Greytown was to allow the motor vehicle to cool down.
The explanations for these two facts are improbable to say the least. The focal issue was to go and purchase the firearms and, furthermore, despite the route one had to use, the danger of the stolen vehicle being detected was always present. Applicant needed to get to his destination as soon as possible. Therefore any reason to allow the motor vehicle to cool down is not as important.
Moreover, Applicant had difficulties in explaining why he did not go to Mozambique with the kombi vehicle he had stolen without robbing the bottle store. He testified that he needed money for petrol and that is why he embarked on the robbery. Furthermore he needed money to transport the firearms into South Africa. Yet he was on his way to Mozambique to trade the kombi for the firearms without any means of transport back with or without the firearms. He did not explain this. he did not make a good impression on the Committee and tended to change his evidence to suit his case. At times it seemed that he was willing to tender reasons for discrepancies without really considering the implications thereof. Yet many of these reasons did not make sense nor were they probable.
In the circumstances, the Committee is not satisfied that the Applicant has complied with the requirements of the Act and consequently his application for amnesty as applied for is REFUSED.
SIGNED AT CAPE TOWN THIS THE 11TH DAY OF DECEMBER 2000
R PILLAY J
D POTGIETER AJ
MR I LAX
