Truth Commission Special Report
Decision - 59396

Type: AMNESTY DECISIONS
Names: MAHLOMOLA BEN SINGO
Matter: AM0493/96
Decision: GRANTED
URL: https://sabctrc.saha.org.za/hearing.php?id=59396&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21114.htm
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DECISION

This is an application for amnesty in terms of the provisions   of Section 18 of the Promotion of National Unity and Reconciliation Act, No   34 of 1995 ("the Act").  The matter is being dealt with in chambers   and relates to various offences of car theft committed by the Applicant during   or about the period 1979 - 1987.  Applicant was convicted of car theft in the   Westgate Regional Court, Johannesburg under Case No 41/1957/80 and sentenced   to 5 years imprisonment on 4 December 1980.  Applicant was released on bail   pending appeal and went into exile before the appeal was finalised.  Applicant   must still serve that sentence.  According to the official records, the following   further two cases of car theft committed after the offence referred to above,   are still pending against the Applicant, namely Parkview CR735/08/82 and Hillbrow   CR805/05/83.

Applicant has a long record of previous convictions, largely   relating to car theft.  In view of the ostensible element of common criminality   involved, Applicant was called upon to furnish the Committee with corroboration   of his claims of having acted on behalf of the African National Congress ("ANC")   in stealing the cars in question.  The Committee also submitted a request to   the ANC Desk dealing with the Truth and Reconciliation Commission for confirmation   of Applicant's allegations concerning the ANC.  No response has been forthcoming   and the matter cannot be delayed any longer.

Applicant has furnished the Committee with corroboration   from Rieho Roller Masingo, a previous head of Security and Intelligence for   the ANC in Botswana and Ulysses Goqi Julius Modise, a member of the Directorate   of the Department of Intelligence and Security of the ANC in exile from 1977   until 1994.  According to the evidence before us, the Applicant was ordered   to obtain vehicles for use by the ANC in exile hence the various offences of   car theft committed by the Applicant.  In the absence of formal confirmation   from the official structures of the ANC, we are unable to make a positive finding   that these offences were officially sanctioned by the ANC whose official policy   ostensibly did not include acts of this nature.

In spite of the official position of the ANC, we are satisfied   that under the circumstances the Applicant held a bona fide belief that he was   acting on behalf of the ANC in committing the thefts.  The possibility that   the thefts could have formed part of an unofficial scheme indulged in by individual   ANC officials, cannot detract from the merits of Applicant's case.  It is, for   example, common cause that Applicant was assisted to join the ANC in exile after   he was released on bail pending appeal as set out above.  The bail money itself,   apparently came from ANC funds.  Applicant operated under the auspices of the   ANC in exile until his return to South Africa in 1995.

In the circumstances we are satisfied that the application   complies with all of the requirements of the Act.  Amnesty is accordingly GRANTED   to Applicant in respect of the various incidents of car theft committed in South   Africa during or about the period 1979 - 1987.

DATED AT CAPE TOWN THIS 5TH DAY   OF APRIL 2001

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