decisions AMNESTY DECISIONS LUMKO NKUMANDA AC/99/0309 AM 3347/96 GRANTED https://sabctrc.saha.org.za/hearing.php?id=58984&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/1999/ac990309.htm DECISION The applicant makes application for amnesty in terms of Act 34 of 1995 as amended (the Act) in respect of murder and robbery of the late Mr Norman Beaton (the deceased) at New Brighton, Port Elizabeth, and also Robbery of an amount of Ninety Three Thousand Rand (R93 000) from Unity Agency in Korsten, Port Elizabeth. He also applies for amnesty for the unlawful possession of a firearm and ammunition in respect of the commission of each of the abovementioned offences. No-one has opposed the application in any way. The applicant was, during the commission of these offences, a member of the military wing of the Pan Africanist Congress ("PAC"), the Azanian Peoples Liberation Army ("APLA") under the command of one "Kleintjie" whose true identity is uncertain. In order to foster the policy of the PAC, APLA adopted a strategy of robbery so that the necessary funds and perhaps arms could be obtained to assist in attaining its eventual political objectives. The robbery of a bakery delivery van in March 1991, at New Brighton, Port Elizabeth was committed by the applicant and another after a period of preparation for it and in consultation with Kleintjie who approved of the plan and its execution to rob the occupants of the van of a fire arm. The delivery van was ambushed in the early hours of the morning as planned. Thereafter the deceased who was clearly in possession of a firearm refused to hand it over upon request to do so. The applicant shot him and the deceased then ran off. The applicant pursued him and found him lying in a yard. The applicant thereupon proceeded to take his pistol and left. It is not clear if the deceased was already dead by then or not. The second incident was planned in a similar manner and approved of by Kleintjie. It was committed for the same political reason. As a result the Unity agency, situated at Korsten, Port Elizabeth was robbed at gun point by the applicant and four others of an amount of Ninety Three Thousand Rand (R93 000) on the 5th December 1991. The applicant commanded this unit. The operation was a success but they were arrested shortly thereafter and all the money was recovered. The Act provides that amnesty shall be granted if the formalities of the Act have been complied with, the act(s) for which amnesty is being applied for was committed with a political motive and a full disclosure regarding the commission of the offence was made. The Committee is satisfied that the applicant has complied with all the requirements of the act and consequently amnesty is GRANTED to him in respect of:- 1. The murder of Norman Beaton; 2. Robbery of a firearm from Norman Beaton; 3. Unlawful possession of a firearm and ammunition used in the incident during which Norman Beaton was shot and killed; 4. Robbery of ninety three thousand rand (93 000) from Unity Agency; 5. Unlawful possession of a firearm and ammunition used during the robbery at Unity Agency. Mr Cyril Beaton is declared a victim as envisaged by the Act and is referred to the Reparation and Rehabilitation Committee for attention. Signed on this the day of 1999 JUDGE R. PILLAY JUDGE D. POTGIETER MR J.B. SIBANYONI ADDENDUM HEARING : Murder & Robbery of Bristo Bakery VENUE : Catholic Centre, East London DATE : 01 November 1999 PANEL : Judge R. Pillay, Judge D Potgieter, Mr J B Sibanyoni EVIDENCE LEADER : Mr Z. Mapoma FOR APPLICANT : Mr L Mbandazayo ADDRESS : Rooms 9 & 10 First Floor Central Square EAST LONDON TEL. : 083 306 7766