: 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 was convicted on 21 September 1993, in the then Supreme Court sitting at Vryheid, KwaZulu Natal, of the following offences:
1. Housebreaking committed during the period 24 to 26 July 1992 at the farm Smaldeel at the home of Mr Potgieter;
2. Attempted murder of Mr Potgieter on 16 August 1992 at the farm Smaldeel;
3. The murder of Mr Godfrey Heuer on 22 August 1992 at the farm Almansnek in the district of Vryheid;
4. The robbery with aggravating circumstances of certain items from Mr and Mrs Heuer on 22 August 1992 at the farm Almansnek in the district of Vryheid;
5. Two counts involving the unlawful possession of a firearm and ammunition.
The Applicant has applied for amnesty in respect of these convictions.
The Applicant, who was the sole witness in the matter, testified that he was a supporter of the African National Congress ("ANC"). He said he had become active in politics after leaving school in 1990.
He went on to describe his involvement in matters political and spoke of the rallies he had attended and testified about political statements allegedly made by leaders at such gatherings. He told the Committee how he had obtained a firearm. At first he had used a home-made firearm and later he bought a .38 revolver and ammunition at Tokoza hostel on the East Rand. He further testified that he had felt compelled to buy a firearm as a consequence of the ongoing violence in his area. He said the violence had been occasioned by the IFP wanting to take over their area.
He testified that one Piet Nkosi who was also an ANC member and a person older than himself did not have a firearm but also wanted one. Nkosi suggested that they go and attack some farmers with the Applicant's firearm with a view to getting a firearm for Nkosi. He and Nkosi thus engaged in a series of robberies to obtain firearms and ammunition. He confirmed that he had never discussed these matters with anyone in authority in the ANC, had not received orders to do so and had acted on his own initiative.
The Applicant was not a good witness. His demeanour and the contents of his evidence left much to be desired. There were numerous contradictions and inconsistencies. He showed very little understanding of the ANC, its structures and policies. He indicated no knowledge of the fact that Nkosi was in the words of the presiding Judge "... a known criminal with previous convictions". This is highly improbable bearing in mind the Applicant's evidence that he had known Nkosi for about seven years at the time.
The Applicant said that he had obtained his own firearm because of the attacks by the IFP on his area and the need to defend his family. Yet he obtained the firearm and ammunition for it in 1989 and never used it against the IFP. He only used it in the "operations" that formed the gist of the convictions for which he applies for amnesty. This explanation is both contradictory and improbable. Other contradictions related, inter alia, to the money stolen from the Heuers and Mr Potgieter's leather jacket.
In the result we are not satisfied that the Applicant has made full disclosure of all relevant facts and accordingly his application for amnesty is REFUSED.
SIGNED AT CAPE TOWN THIS 7TH DAY OF FEBRUARY 2001
JUDGE AMB WILSON
DR W TSOTSI
MR I LAX
