decisions AMNESTY DECISIONS 2001-01-24 CAPE TOWN PHANGASA MOHLABA AM6235/97 GRANTED https://sabctrc.saha.org.za/hearing.php?id=59309&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2001/ac21026.htm DECISION In 1988 the Applicant was sentenced to 8 years imprisonment for terrorism, possession and distribution of illegal firearms, recruiting and training ANC cadres plus four counts of attempted murder. It appears from the way he responded to questions when completing the application form that he is not legally qualified nor obtained legal assistance in doing so. When asked, in paragraph 9 (a) of the form, to furnish particulars of the act/s, omission/s or offence/s in respect of which amnesty is sought he responded as follows: "Smuggling arms (courier) from neighbouring states to reinforce the units of MK in an effort to promote the objectives of the ANC" In the last sentence of paragraph 10 (b) of his application he states: "A more detailed version pertaining to this issue will be obtained at a later stage" In response to a request for further particulars, the Applicant wrote a letter to the Amnesty Committee dated 21st November 2000 in which the said "detailed version" was given. It transpired that what Applicant was doing was not "smuggling" weapons but was supplying hardware (weaponry) from Botswana to S.A. on behalf of the ANC. "Smuggling" was a wrong choice of a word. He was a bona fide MK cadre under the ANC, and operated as a courier. In paragraph 7 of his further particulars the Applicant explains the circumstances surrounding his arrest, conviction and sentence. It transpires that when he was arrested by four members of the police, he had handgrenades and other explosives in his possession. Among others, charges of attempted murder were brought against him. Applicant states that he does not dispute ("without denying") the guilty version on these charges but indicates that he did not have a chance of murdering the security police. Applicants arrest, conviction and sentence arise out of one incident when he was arrested in 1988. He was released through pardon in 1991 when political prisoners were released from Robben Island. The objective of applying for amnesty is to have his criminal record expunged. It is clear from this further particulars that he intended to apply for amnesty for all offences for which he was convicted including the four counts of attempted murder. There is no damage to property, injury or death of any person directly connected to Applicant's activities. Having considered the application, the Committee is satisfied that the application is technically and formally in order, that the offences for which Applicant was convicted were acts associated with a political objective committed in the course of the conflict of the past and that the Applicant made a full disclosure of all relevant facts as required by Section 20 (1) of act 34 of 1995. Amnesty is therefore GRANTED to the Applicant in respect of the following offences committed in 1988: (a) Terrorism as defined in the then Terrorism act of 1967, relating to recruiting and training ANC cadres, transporting (infiltrating) weapons from Botswana to South Africa, illegal possession of arms and ammunition (weapons, and explosives); (b) Four (4) counts of attempted murder. SIGNED AT CAPE TOWN ON THIS 24TH DAY OF JANUARY 2001