decisions AMNESTY DECISIONS LUYANDA HUMPHREY GQOMFA AM 0949/96 GRANTED https://sabctrc.saha.org.za/hearing.php?id=59130&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2000/ac200148.htm DECISION 1. The murder of Fanie Smith; 2. The attempted murder of the following persons:- 2.1 Ben Maliehe; 2.2 Deon Martins; and 2.3 Andrew Lategan Franzsen; 3. Malicious injury to property and arson on a Toyota Corolla motor vehicle belonging to Deon Martins and bearing registration letters and numbers OA 35707; 4. The unlawful possession of an unlicensed R5 automatic rifle and ammunition; 5. Intimidation and/or pointing of a firearm at Nkopane Johannes Lesia; and 6. Robbery of an Isuzu Diesel Bakkie, 2200, belonging to Nkopane Johannes Lesia bearing registration letters and numbers CAC 6845. Initially the general application of Letlapa Mphahlele ("Mphahlele") was also enrolled for simultaneous hearing with the present matter. We deliberately allude to it as a "general" application because he does not specify in respect of what incidents or operations he is seeking amnesty. During the hearing, it became abundantly clear that Mphahlele had no intention of participating in the proceedings or to give viva voce evidence. A notice in terms of section 19(4) had been served on him and there was no question of him being unaware of the hearing in respect of this case. Mr Lungelo Mbandazayo who represented Luyanda Gqomfa ("Gqomfa") made a number of sterling attempts to secure the co-operation and attendance of Mphahlele. All efforts were in vain. In the circumstances, the Committee had no choice but to proceed on the basis that there was only one applicant in the matter, namely Gqomfa. Before the commencement of the evidence, the Evidence Leader Advocate Paddy Prior advised the panel that the widow of the late Mr Smith had been informed of the date and place of the hearing. Initially her interests in the matter were going to be represented by attorney Mr Wagenaar who subsequently withdrew. We were advised that in the circumstances of the case the Legal Aid Board was unwilling to assist and the victims were represented by Mr Prior. The Committee is most indebted to him for his assistance. In a statement made by Lesia to the police, it is reflected that during the afternoon of 18 March 1992 he was on his way from Palmietfontein where he lived to Ditapoleng Village. When he drove past Ndofela Village he saw three black men standing next to a small bridge. They were all armed with firearms. He heard gunshots. It was one of them firing shots to force him stop, which he did. The three men rushed to him and one pointed a firearm at him and ordered him to get out of the vehicle. When he told them that he was on his way to work, they told him that they were freedom fighters and wanted to use his car "for the struggle". The statement further reflects that they gave him an amount of R20.00 so he could travel to work. He reported the incident to the police and later received a report that his vehicle had been found. The statement materially coincides with the evidence of the applicant. In the result amnesty is GRANTED for the offences set out on pages one and two above. We are of the opinion that the following persons who were killed or injured are victims and they are accordingly referred to the Reparation and Rehabilitation Committee in terms of Section 22(1) of the Act. 1. The relatives and/or dependents of Fanie Smith; 2. Ben Maliehe; and 3. Andrew Lategan Franzsen. SIGNED AT CAPE TOWN ON THIS_______DAY OF ____________ 2000. ______________________ JUDGE A. WILSON ______________________ ADV. N.J. SANDI ______________________ MR ILAN LAX