DECISION
The applicant makes application for amnesty in terms of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 as amended (the Act) in respect of one (1) count of murder, one (1) count of attempted murder, one (1) count of armed robbery, one (1) count of unlawful possession of firearms and one (1) count of attempted escape from lawful custody.
During the early part of the last decade of the 1900's, the applicant became part of the Self Defence Unit (SDU) established and operating in Tokoza, Gauteng Province and specifically in what was known as the Slovo Section. He was under the command of one Levi whose deputy was a person known to the applicant as Jamani. Levi was also known as Molefi.
The SDU was established to help defend the local residents who were associated with the African National Congress (ANC) to defend themselves from attacks by opposition political parties. They were assisted in arming themselves by members of the ANC and who had an association with uMkhonto weSizwe (MK). However such assistance with firearms and ammunition was not sufficient and strategies were developed to supplement this. One of the strategies adopted was to embark on robbery and theft to acquire the necessary arms or money to purchase these.
On the 29 October 1992, the applicant was told by Levi to accompany him in order to fetch a motor vehicle in order to collect fire-arms. They went to Alrode. Levi was armed and the two of them lay in wait until they saw a driver of a vehicle obviously belonging to a business. Levi then approached the driver and pointed a firearm at him during the course of robbing him of the motor vehicle. The applicant and Levi then went back to their base in that motor vehicle.
The purpose of the robbery was to obtain transport to courier the arms needed for SDU operations.
That evening, the applicant, Levi, Jamani and one Vusi used the motor vehicle (an open back van) to go to Duduza. Vusi and the applicant were at the back of the motor vehicle. Vusi was armed with a firearm which was to be used in the event of an attack on them.
At Duduza Levi met Zinto and the two of them entered a house. Shortly thereafter, Levi returned with a bag which he put in the front of the cab. He indicated that if they were in any way disturbed on their way back to base, they would have to resist and fight their way out.
On their way back, at or near Vosloorus, they saw a roadblock. As a result they diverted from their intended route and stopped in a nearby suburb known as Dawn Park. As they were discussing the change of plan, a private vehicle stopped behind them. Vusi then shouted that those people were armed and were preparing to shoot. No sooner had he said so, when shots were heard and Vusi fell to the ground during en ensuing of battle.
The applicant took Vusi's firearm and started shooting at these people whom the applicant thought could very well be policemen. He was acting in terms of the initial command of resisting any "disturbance". The applicant was also injured during the battle and only recovered consciousness in hospital. He was under police guard. Mr Glen Thompson was killed during the shoot-out and Mr Sidney Gehlig was injured at the same time.
While in custody, the applicant was informed that the residents at his home base were still being killed and that circumstances were not at all normal but had in fact become more and more tense.
He then decided to escape from custody in order to go and help the community.
Mr Glen Thompson however was not a policeman but a resident of the area chasing burglars who had just broken into one of the houses. He and a group of friends were looking for the burglars and it seemed that they had stumbled on whom they thought were the burglars that they were looking for.
On the other hand the applicant and his colleagues were transporting weapons which were to be used in the defence of people who were victims of a vicious political battle. The applicant thought that the occupants of the vehicle from which shots were fired at him and others at Dawn Park were policemen who were legitimate targets in the general scheme of things related to the political atmosphere of South Africa at the time. Coupled with that was the instruction to resist all hurdles to this particular operation.
The Act provides for the peremptory granting of amnesty if the act for which amnesty is sought was committed for political reasons and that full disclosure of the relevant facts pertaining thereto is made.
Furthermore, it is conceivable that the Applicant made an attempt to escape from lawful custody because he found a need to assist the community. He was in a position of a soldier. Soldiers generally are obliged to escape from capture in order to carry on fighting. In the circumstances it is probable that his attempt to escape falls within the ambit of the Act.
Clearly the actions for which the applicant has sought amnesty was committed for political reasons and he has made a full disclosure as to the facts pertaining thereto. The applicant has satisfied the committee of this and he has clearly complied with the formalities and requirements of the Act.
In the result the applicant is GRANTED amnesty in respect of all offences and delicts arising from the incidents referred to above.
The following are in the opinion of the committee, victims as envisaged by the Act and are referred to the Reparations and Rehabilitation Committee for attention:
1. Next of kin of Mr Glen Thompson;
2. Mr Sidney Gehlig.
SIGNED AT CAPE TOWN THIS THE DAY OF 2001.
JUDGE R PILLAY
ADVOCATE L GCABASHE
MR J B SIBANYONI
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