: DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No.34 of 1995 ("the Act"). The Applicant is seeking amnesty for a number of operations ranging from murder, attempted murder, robberies and unlawful possession of arms and ammunition. One of the robberies which was carried out by the Applicant and a number of other perpetrators which included Vontjie Mzimkulu Moti (AM6230/97) was on Fidelity Guards personnel. The matter will be dealt with separately.
The Applicant is a former member of the Azanian Peoples Liberation Army ("APLA"), the military wing of the Pan Africanist Congress ("PAC"). At the relevant time he was acting as a cadre of APLA. We intend now to deal very briefly with the profile of the Applicant in APLA circles, which was accepted by the Amnesty Committee in previous hearings when he sought amnesty in respect of a number of operations. He has already received amnesty for many of the said operations. His profile can be summarised as follows. The Applicant, after receiving extensive military training under the auspices of APLA, was infiltrated into the country to act on its behalf. He states that on returning to the country in 1989 he was told by his superiors that the PAC and APLA had no funds to prosecute the struggle against the apartheid regime. To be self-reliant, cadres had to raise funds themselves and to this end choose targets for attack by what was called the "Repossession Unit", of which he was made a commander. Applicant had to report to "Junior" (alias) in Botswana. With the exception of arms and ammunition whatever had been "repossessed" (meaning robbed) by members of the unit had to be handed over to Junior. If the money obtained was less than R3 000 the Applicant's unit had to keep it and use it to conduct further operations. The reports had to be conveyed either personally or by using a courier who was code-named "General".
The activities of the unit were not confined to "repossession" alone. There were a number of actions in which the Applicant and other members of the unit were involved to advance the political cause and survival of members of his organisation. We now proceed to deal with the incidents seriatim.
1. VOSLOORUS INCIDENT
In the early 1990s there was a conflict in Vosloorus between members of the PAC and the African National Congress ("ANC"). The Applicant states that he was requested by Junior to provide security for a prominent leader of the PAC in the area, James Ndaweni, because his life was in danger. This he did. One night and whilst he was a t the house of Ndaweni he was woken up by a noise. It was coming from a group of people who had apparently surrounded the house. The Applicant randomly opened fire. He does not know if he injured or killed any person. He is, however, seeking amnesty for the murder and/or attempted murder of any person who could have been injured or killed in the incident.
2. MANSEVILLE INCIDENT
This was a robbery of a shop in the mines near the taxi rank. The Applicant, after carefully reconnoitring the place, decided that the attack would be carried out by one cadre, namely himself. On entering the shop he pointed the shopkeeper with the firearm and demanded money. The shopkeeper pretended that he was taking the money out and in a surprise move tackled the Applicant. The latter fell down and lost hold of the pistol which fell to the ground. in the ensuing struggle the Applicant regained possession of the pistol. He then shot the shopkeeper. he took an amount of money from the till and left the scene. When he later counted the money he discovered that it was R300-00. He used it to buy food for members of his unit. He does not know what happened to the shopkeeper but assumes that he was either killed or injured. He is therefore seeking amnesty for murder or attempted murder in relation to this particular incident.
4. LEBANON GOLD MINE - FRASER'S STORES : ROBBERY
This robbery was carried out by five (5) members of the unit, namely the Applicant, Lumumba, Small Baby, Tello and Push. The Applicant conducted the reconnaissance of the place and area. Some members of the group were armed. The Applicant had a 9mm pistol, Small Baby and Tello had AK47s. Push was only the drier of the vehicle which they were going to use to execute the mission. As part of the plan the Applicant prepared a letter which contained their demands and this was to be handed over to the manager of the store by Small Baby. They divided themselves into three (3) groups. The Applicant and Lumumba formed the support group, Small Baby and Tello the assault group and Push stood guard. Tello accordingly handed the letter to the manager and pointed him with a firearm. Very easily, an amount of R18 000-00 was robbed and nobody was injured or killed. The money was handed over to Junior in Botswana who gave them R2 000-00 for operational expenses.
5. ORLANDO EAST GARAGE ROBBERY IN 1990
This was carried out by the Applicant, Tello and Lumumba who pointed the garage owner with firearms and demanded money. Although there were safes in which the bulk of the money was kept, the key could not be found. They were, however, able to rob an amount of R300-00 which the Applicant never handed over to Junior in accordance with existing practice. They used the money for moving around and conducting other operations. The Applicant states that no person was killed or injured in this operation.
6. ORLANDO WEST GARAGE : ATTEMPTED ROBBERY
They came there at night, namely the Applicant, Tello and Lumumba. The garage was already locked and there was nobody around and the operation was a failure.
7. DUBE GARAGE : ROBBERY AND ATTEMPTED MURDER
It was the same trio that was involved in other previous attacks. They met resistance from the garage owner who was armed with a .38 firearm. In the ensuing clash the man was shot and injured in the leg. His firearm was confiscated by the trio and only an amount of R50-00 was robbed which they used to take Small Baby to where he came from since he was not staying in Soweto.
8. NANCEFIELD GARAGE ROBBERY
Only the Applicant and Lumumba were involved in this operation. They attacked the place in the early hours of the morning. They only robbed R300-00 which was used to visit other PAC comrades in the area. No person was injured or killed.
9. KLIPTOWN GARAGE : ATTEMPTED ROBBERY
This was a garage situated next to a post office. It, however, appeared to the Applicant that the garage was operated in a similar way to the other garages in the vicinity where only small amounts of cash was kept on the premises which were well secured. They accordingly called off the robbery and decided to rather attack shops which were less secured than garages. They then concentrated on attacking shops.
10. LEBANON AK STORES ROBBERY
This was a store on the Lebanon Mines and when the Applicant and his two (2) comrades arrived, the place was about to be closed. When they pointed the targets with firearms, the reaction was one of immediate compliance with the order to give them the money. This was a in a bag and the Applicant and his compatriots had no opportunity to count it. They took the bag as well as a car which they used as a getaway car. They also took away a number of items inter alia clothing, shoes and lumber jackets. When this attack was launched some people at the shop tried to resist and gunfire was exchanged. One person was killed and another injured. The operation was a failure because on the way from the store they encountered a police roadblock. There was again an exchange of fire as they resisted arrest. In the end the Applicant and his group left everything on the scene, including the money which they had robbed. They ran for their lives. The Applicant is not sure if any one of the police was injured or killed.
11. LEBANON EATING HOUSE
This was carried out by the Applicant, Lumumba, Tello, Small Baby and Vincent. There they managed to rob a sum of R3 000-00 and a kombi which they used as a getaway car. The money and the kombi were later taken to Junior in Botswana. One person was probably killed and another injured in this attack. This is what the Applicant subsequently learnt from media reports and employees at the Lebanon Mines.
12. DIEPKLOOF POLICE STATION ATTACK
This was one of the initial operations and was carried out by the applicant, Lumumba, Small Baby, Tello and Vincent who acted as the driver. On their arrival there they randomly opened fire at the police station and threw handgrenades. They then left. The Applicant is not in a position to say with any measure of certainty whether any person was injured or killed there. They did not enter the offices but launched the attack from the outside.
13. THE KILLING OF AN INFORMER AT THE "CHICKEN FARM" SQUATTER CAMP AT OR NEAR KLIPTOWN
The Applicant did not personally know the victim and only Lawrence Manqela knew him. According to the latter, two (2) PAC comrades had been arrested as a result of reports which were given by the alleged informer to the police. In terms of the policy of the PAC and APLA, such person was viewed as an enemy and had to be killed. The Applicant was the person who was to execute the elimination. One evening he proceeded to the target's place where he knocked on the door. he was armed with an AK47 and when the target opened the door, Applicant shot him at close range. The Applicant assumes that the person died because of the proximity in distance when he shot him. When asked how he knew that the person he shot was the informer, he replied that he had been told by Lawrence that he lived alone in the house and that he could never have shot a wrong person.
14. MOHLAKENG POST OFFICE ATTACK
The attack was carried out during the day. They stormed the post office and pointed personnel with firearms. They then tied them up in the back room. No person was injured and they robbed R3 000-00. The money was sent to Junior.
15. MOHLAKENG POWER STATION ATTACK
This was carried out at night by the Applicant and Small Baby. The aim of the attack was to disarm the police officers who were armed and guarded the place. The Applicant states that the aim was not necessarily to shoot them but when they resisted, they shot and killed one of them who died on the spot. They robbed the officers of one pistol and a shotgun, which were subsequently handed over to APLA for use by its cadres.
The Applicant states that all the operations took place in 1990 and there would be a very short space of time between one attack and the next. Initially he reported to Junior in Botswana but later to Happy Letlapa Mpahlela who, with the unbanning of the liberation organisations, was able to return to South Africa as part of the APLA High Command. He does not know the present whereabouts of his comrades who participated when these acts were planned and carried out. He states that he heard that Small Baby and Tello died recently. He was the only person who was charged with the task to oversee the "Repossession Unit" (codenamed "Beauty Saloon" project). There were also no other units that operated except those which were under him. But this does not mean that other APLA cadres did not conduct repossession-type of operations. In essence, they were using criminals because the latter had the practical skills to carry out successful robberies and rob large sums of money. But they would first be politicised before they were recruited to Join APLA and its political cause for the restoration of the land to the people of Azania.
16. FIDELITY SECURITY GUARD COMPANY ROBBERY
We have already pointed out that this matter will be dealt with in a separate decision.
After carefully considering the evidence in this matter we are satisfied that the Applicant is entitled to amnesty. He has complied with the requirements of the Act and appears to have given a full disclosure of the relevant facts. We accept that when he carried out the operations he acted as a bona fide member of a liberation movement, the PAC, and acted on behalf of its military wing, APLA.
In the result, amnesty is hereby GRANTED to Applicant in respect of all offences and delicts encompassed in the following incidents:
1. The murder and/or attempted murder of unknown supporters of the ANC at or near Vosloorus in or about 1990;
2. The murder or attempted murder of unknown ANC supporters at or near Manseville in or about 1990;
3. The murder or attempted murder of an unknown person as well as a robbery of an amount of R300-00 at Kloof Gold Mine, Gauteng, in or about 1990;
4. Pointing with a firearm of an unknown man and robbery of an amount of R18 000-00 at Lebanon Gold Mine, Gauteng, in or about 1990;
5. Pointing with a firearm of an unknown man and robbery of R300-00 at Orlando East Garage, Gauteng, in or about 1990;
6. The attempted robbery at Orlando West Garage, Gauteng, in or about 1990;
7. The attempted murder of a man at Dube Garage, Gauteng, and robbing him of a .38 firearm and an amount of R50-00 in or about 1990;
8. The robbery of an amount of R300-00 at Nancefield Garage, Gauteng, in or about 1990;
9. The attempted robbery at Kliptown Garage, Gauteng, in or about 1990;
10. Pointing with a firearm of unknown persons in Lebanon AK Stores, Lebanon Mines, Gauteng, and robbing them of an unknown amount of money; as well as murder and attempted murder of an unknown number of members of the South African Police Force near Lebanon Mines in or about 1990;
11. The murder of one person and the attempted murder of an unknown umber of persons and armed robbery of an amount of R3 000-00 at Lebanon Eating House, Gauteng, in or about 1990. Amnesty is also GRANTED for the armed robbery of a kombi on the same day and place;
12. The murder or attempted murder of an unknown number of members of the South African Police at Diepkloof Police Station, Gauteng, in or about 1990, as well as for possession of handgrenades;
13. The murder of a suspected informer at Chicken Farm Squatter Camp at or near Kliptown, Gauteng, in or about 1990;
14. Unlawful pointing with a firearm and robbery of an amount of R3 000-00 at Mohlakeng Post Office in or about 1990;
15. The murder of an unknown police officer and attempted murder of an unknown number of members of the South African Police at Mohlakeng Power Station, Gauteng, in or about 1990; as well as for the robbery of firearms at the same time and place;
16. Any contravention of the provisions of the Explosives Act and Arms and Ammunition Act.
We are of the view that the victims of the above incidents should be declared victims in terms of the Act.
DATED AT CAPE TOWN THIS 29TH DAY OF JANUARY 2001
DENZIL POTGIETER, AJ
JOHN MOTATA, AJ
ADV NTSIKI SANDI
