decisions AMNESTY DECISIONS WILLY LITHO SNOEK,ARTHUR TAMSANQA TSHIKILA AC/99/0266 AM 6041/97,AM 3850/96 REFUSED https://sabctrc.saha.org.za/hearing.php?id=58943&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/1999/ac990266.htm DECISION The applicants apply for amnesty in respect of incidents which occurred on a farm known as Gertskraal in the district of Steytlerville on 4 November 1990. The first applicant also applies for amnesty in respect of escaping from prison. Both applicants were convicted in the Eastern Cape Division of the High Court of the following crimes arising out of the incidents: murder, robbery with aggravating circumstances, two counts of house breaking with intent to steal and theft, unlawful possession of a firearm and unlawful possession of ammunition. Willy Snoek (hereinafter referred to as "the first applicant") was sentenced to undergo and effective term of thirty four years and six months imprisonment. Arthur Tamsanqa Tshikila (hereinafter referred to as "the second applicant") was sentenced to undergo an effective term of ten years and nine months imprisonment. The first applicant also applies for amnesty in respect of the offence of escaping from prison. At the time of the incident the first applicant was 28 years old and the second applicant was a 14 year old youth. The first applicant was a member of the Pan Africanist Congress of Azania (PAC) and had undergone a shout spell of basic military training with the Azanian Peoples Liberation Army (APLA) in the Mount Frere district in Transkei. He did not complete his training and for the most part after that was in and out of jail. The only incident of an alleged political nature that he was involved in, is the present one. The evidence of the applicants was to the following effect: Nkonki authorised the operation and ordered that the applicants proceed to the farm and obtain firearms. The applicants proceeded to the farm and arrived there in the early hours of the morning of 4 November 1990. They first went to a house at which the occupants were not present. They broke into that house, found the key to a safe and removed a .303 rifle from the safe as well as money. They then went to another house which was occupied by Ms Andriesa Slabbert and Mr Phillipus Sharp, her step son. They tried unsuccessfully to steal a motor vehicle which was parked outside the house and one which was parked in a garage. They then decided to wait for one of the occupants of the house to come out so that they could then accost him or her, get the keys for a motor vehicle and make their getaway in the vehicle. Some time later, after daybreak, Ms Andriesa Slabbert came out of the house. The first applicant pointed the rifle at her and told her to keep quiet. She screamed. First applicant then took hold of her and forced her to the ground. She screamed again and the first applicant struck her on the head with the butt of the rifle. They bound her ankles together with rope and placed a heavy bag of mealies on the upper part of her body. The first applicant then went into the house. Ms Slabbert was then hit on the head with a spade by the second applicant. The first applicant confronted Phillipus Sharp inside the house. A struggle between the two of them ensued and the first applicant called the second applicant to assist him. The second applicant entered the house and Sharp was forcibly subdued. The applicants then stole certain items, including ammunition, a watch, a radio, foodstuffs, liquor and bedding. They took the keys of an Isuzu van and drove off in that vehicle. They were later chased by the police. They abandoned the vehicle and managed to escape. They were arrested a few days later. Ms Slabbert died as a result of the action of the applicants. Mr Sharp survived but received severe bodily injuries. An autopsy was performed on the body of the deceased which revealed that the body had a large number of injuries. The cause of death was however, suffocation, undoubtedly caused by the heavy sack of mealies which covered the face of the deceased. In the result Willie Litho Snoek and Arthur Tamsanqa are REFUSED amnesty in respect of the murder of Andriesa Slabbert, the house breaking and theft, the robbery and the unlawful possession of a .303 rifle and ammunition. The application for amnesty by Willie Litho Snoek in respect of escaping form prison is likewise REFUSED on the ground that the offence was not committed with a political objective as required by the Act. SIGNED AT CAPE TOWN THIS 14TH DAY OF SEPTEMBER 1999. JUDGE S MILLER DR WM TSOTSI ADV FJ BOSMAN MR I LAX