These applications relate to an incident where an attack was launched on the Wesselsbron HyperSave Supermarket. A hearing on this incident immediately preceded the present hearing and the decision of the Panel, where amnesty was granted, was published (Reference 2000/250). The weapons used in the Wesselsbron Supermarket attack were being moved following the arrest of Ngesi, one of the applicants in the application referred to above, who had knowledge of the whereabouts of the arms. They, that is the two applicants, proceeded to remove one weapon to test the waters so that in the event they are caught, the remaining weapons would not fall into the hands of the police.
While travelling along the Odendaalsrus/Wesselsbron road in a minibus, of which second applicant was the driver and in which the first applicant was a passenger, a police vehicle signalled them to stop. They pretended to do so and first applicant then opened fire on the occupants J.H. Botha and G.H. Bonile, fairly seriously injuring the former.
They proceeded to Botshabelo, where they were intercepted by the police and were involved in shoot-outs during which they shot at two more policemen, Mahlomola Lucas Molefe and Tau Felix Koalane.
They were charged in the regional court for the regional division Free State at Bloemfontein under case number 17/248/95. First accused pleaded guilty while the second accused pleaded not guilty as a result of which the trials were separated and the second accused was later apparently acquitted.
The first accused was found guilty on 4 charges of attempted murder and 2 charges related to the illegal possession of a firearm and 14 rounds of ammunition. At the trial evidence was given that the first applicant was a member of APLA and it was accepted by the court that the accused was acting with a political motive.
At the hearing both applicants testified. The second applicant, although having been acquitted on trial, confirmed his political and criminal involvement.
The Committee is satisfied that the acts of the applicants for which the first applicant was convicted on all six counts, were committed with a political objective within the context of the conflicts of the past and that the applicants have made a full disclosure of all relevant facts. They are accordingly GRANTED amnesty.
The Committee is further of the opinion that Jacob Hendrik Botha, Sabata Hans Bonile, Mahlomola Lucas Molefe and Tau Felix Koalane are victims as contemplated by the Act and their names are being referred to the Reparation and Rehabilitation Committee for consideration.