DECISION
This is an application for amnesty by Ambrose Armstrong Ross for robbery with aggravating circumstances, the killing of Isaac Magae and the killing of Johannes Bokaba. He is presently serving a sentence of twenty (20) years imprisonment for the three (3) crimes.
The applicant testified that he was a member of the "street" defence unit in Diepkloof, Soweto. He and other Comrades used to meet at the COSAS room at Diepkloof High School to devise ways to protect the community against crime and their unit was more of a social nature as they were formed by the community. In their second meeting they discussed the question of how to protect the community and in order to do so, they had to obtain arms.
It also transpired during the meeting that Inkatha warlords were attacking people in the trains and in the township and hence the need to obtain arms to be able to defend the community.
Comrade Motepa, whose real name was Morris Zakhele Nkosi, who trained as an MK in Botswana, came with the idea that Ledig Police Station should be attacked and that they should seize whatever arms they could find. The reason given by Comrade Matepa therefore, was that the community of Ledig (which fell under the Bophuthatswana Government) was resistant to Mangope's regime and was thus regarded as renegades. When he visited his relatives in Ledig the Bophuthatswana Police harassed and brutally tortured members of the community during the 1980's violence.
The attack on Ledig Police Station would be seen as a sign of hope by the Ledig people as the police of Bophuthatswana portrayed themselves as invincible. This would be a moral boost.
At first he was against the idea of going so far to obtain arms, but the reasons given by Comrade Motepa convinced him.
He further testified that he was a card carrying supporter of the ANC and the attack was in line with its policies. Diepkloof, where the applicant was resident, was a stronghold of the ANC, and he was involved in the struggle at the time. He had joined the "Street Defence Units" during 1990 or early 1991.
On or about 26th October 1991 they left for Ledig in two cars. They arrived at approximately 23H00 and Comrade Motepa advised them that it was early and that they should while away time up to midnight.
The applicant was given a 9 mm pistol fully loaded. He was, however, not trained in the use of guns and he was instructed that the same should be used only when necessary. The applicant, Comrade Motepa and Kenneth Botsi were the only ones armed. He had to stand guard at the door whilst Comrade Motepa and Kenneth Botsi entered the police station. Others remained in the cars.
Inside the police station there was an exchange of gunfire and at that stage he trembled whilst holding the 9mm and did not know what to do. Two policemen were shot dead and the applicant thinks they were shot by Kenneth since the rifle which Comrade Motepa had had jammed.
They managed to take one rifle and raced away. Along the way they decided to obtain R50.00 petrol and did not pay since they had no money. They ran away but were pursued by police. Zakhele was shot in the back and the car which the applicant occupied, hit the side of the road near Boshoek and the applicant was arrested. He subsequently stood trial in the Supreme Court of Bophuthatswana (General Division).
The application was opposed on the basis that there was no political objective and that the offences were merely of a criminal nature.
The applicant, under cross-examination stated that he was aware of the self defence units but theirs was the "street"defence unit. He was further asked about the chairman of the ANC Diepkloof branch whom he did not know and he admitted that he never attended any ANC meeting in Diepkloof.
He attended meetings which were chaired by Comrade Makarov at COSAS room and knew him for over 10 months but never asked him his real name.
The Committee is of the opinion that it is highly improbable that an operation of this nature would have been undertaken by an SDU in Johannesburg and thus the applicant handling a pistol for the first time would be the one instructed to go and rob and leading others who could remain behind in the car. Even though he did not attend meetings he should have known the chairman of the Diepkloof branch.
The Committee takes into consideration that it was common knowledge that during the 1990's self defence units were formed by the community. For the applicant to say that the "street defence units" were formed by the community as well, is highly improbable. The argument that this is a question of terminology is not supported by the evidence adduced by the applicant himself, nor is there evidence that he (applicant) was politically involved.
Having regard to the evidence as a whole, we are satisfied that the attack on Ledig Police Station and the killing of Isaac Magae and Johannes Bokaba were not acts associated with a political objective as contemplated in the Act.
Accordingly amnesty is hereby
REFUSED: .
SIGNED ON THE 25 DAY OF MAY 1999.
JUDGE MILLER
ADV N J MOTATA
ADV F J BOSMAN
ADV SIGODI
