DECISION
Amnesty was GRANTED to the Applicant on 8 December 2000 and it was stated that the reasons will follow later.
The Applicant gave evidence before the Committee on 1 February 2000. His application was opposed by Mr Shane, appearing on behalf of the victims Mr and Mrs Gianini and the illegal possession of firearms. The offences were committed on 24 March 1991 at or near Verwoerdburg. The Applicant was convicted and sentenced to 14 years imprisonment.
The Applicant stated that he resided in Kathlehong and was a supporter of the IFP since its inception. He formally joined the IFP in 1990 when he moved from Vryheid to Johannesburg. At the time the political situation was very tense. it started off as a battle between Xhosa and Zulus - the Zulus were seen as supporters of the IFP and had to flee from the township. They were attacked when they went to work in the morning and a number were killed. A meeting was then called by Induna Jabulani Mtetwa who told them to procure weapons for the fight. At first they collected money to buy firearms but that did not satisfy the requirements. Mtetwa thereupon called the Applicant and a few other members aside and told them that he considered them to be loyalists and had decided to send them on a mission to get firearms from a white man near Pretoria who owned a firm dealing in firearms. The six loyals whom he selected were Titus Ngobese, Jabulani Mkomo, Wilson Mtetwa, Conrad Buthelezi, Jabulani Ngcobo and the Applicant.
Jabulani Mtetwa, the Induna, was the leader of the IFP in the area. He told them that they needed weapons and money to address the political situation. Titus Ngobese acted as driver. The transport as well as an AK-47 and a pistol were supplied by the Induna. They were told that Conrad Buthelezi was previously employed by the victims and knew the vicinity and the location of the house.
After waiting for the victims to return, they managed to ambush them and ordered them to open the house. Mrs Gianini, instead of taking a key from her handbag to unlock the door, took out a pistol. The Applicant hit her on the forehead and they managed to get the key and entered the house. They started to look for the safe. They found it and ordered Mr Gianini to open it. They found the firearms inside the safe. According to Applicant's recollection they found firearms, big guns, ammunition and a pistol as well as jewellery and money in the safe. Everything was thrown on a sheet and wrapped together and he carried it out of the house to the car. They afterward founds that they managed to get 11 firearms and a variety of ammunition. He carried the firearms, ammunition and money wrapped in the sheet with the help of some others. Some of his co-members also took clothing and shoes.
They left and immediately went to Induna Mtetwa to report. They had six big guns and five small ones as well as jewellery and approximately R4000 in cash. Everything was handed to Mtetwa. He later gave five firearms to the Applicant to be handed over to one Peter Ndlela for distribution among the IFP supporters. The clothing and jewellery were to be sold to get money in order to buy more arms and ammunition.
The driver, Titus Ngobese, was arrested the following day. The Applicant was only arrested six months later. Induna Mtetwa gave each of the R200 after they handed the goods to him because he was thrilled with the success they had.
The Applicant emphasised that the reason why they embarked on the operation was because of the need to protect the members of the IFP against the onslaught from the ANC and that the IFP needed firearms for such protection.
Mrs Gianini gave evidence and stated that after the Applicant found the handgun in her hand bag they were only interested in the safe with the money and jewellery. Nobody asked for any firearms. This was, however, contradicted by Mr Gianini in an affidavit filed by him wherein he stated:
"All along Norman and Jabulani, they kept asking where is the safe with the big guns and money"
The Committee found that this, to a great extent, supported the evidence of the Applicant that they were looking for big guns and money which they needed in their struggle against the ANC. It is a well known fact that the parties at war all strived at obtaining weapons to use in their struggle.
The Committee found that there was no evidence to contradict the Applicant's testimony that the acts were associated with a political objective. It was not suggested that the other requirements of the Act were not met. In the result the Committee had to GRANT amnesty to the Applicant as requested by him.
DATED AT CAPE TOWN THIS DAY OF 2001.
JUDGE S KHAMPEPE
JUDGE N J MOTATA
ACTING JUDGE C DE JAGER
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