AC/2001/114

      TRUTH AND RECONCILIATION COMMISSION

      AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO.34 OF 1995.

MAHLOMOLA BEN SINGO     APPLICANT

(AM0493/96)

                                                                                                 DECISION

This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 ("the Act").  The matter is being dealt with in chambers and relates to various offences of car theft committed by the Applicant during or about the period 1979 - 1987.  Applicant was convicted of car theft in the Westgate Regional Court, Johannesburg under Case No 41/1957/80 and sentenced to 5 years imprisonment on 4 December 1980.  Applicant was released on bail pending appeal and went into exile before the appeal was finalised.  Applicant must still serve that sentence.  According to the official records, the following further two cases of car theft committed after the offence referred to above, are still pending against the Applicant, namely Parkview CR735/08/82 and Hillbrow CR805/05/83.

Applicant has a long record of previous convictions, largely relating to car theft.  In view of the ostensible element of common criminality involved, Applicant was called upon to furnish the Committee with corroboration of his claims of having acted on behalf of the African National Congress ("ANC") in stealing the cars in question.  The Committee also submitted a request to the ANC Desk dealing with the Truth and Reconciliation Commission for confirmation of Applicant's allegations concerning the ANC.  No response has been forthcoming and the matter cannot be delayed any longer.

Applicant has furnished the Committee with corroboration from Rieho Roller Masingo, a previous head of Security and Intelligence for the ANC in Botswana and Ulysses Goqi Julius Modise, a member of the Directorate of the Department of Intelligence and Security of the ANC in exile from 1977 until 1994.  According to the evidence before us, the Applicant was ordered to obtain vehicles for use by the ANC in exile hence the various offences of car theft committed by the Applicant.  In the absence of formal confirmation from the official structures of the ANC, we are unable to make a positive finding that these offences were officially sanctioned by the ANC whose official policy ostensibly did not include acts of this nature.

In spite of the official position of the ANC, we are satisfied that under the circumstances the Applicant held a bona fide belief that he was acting on behalf of the ANC in committing the thefts.  The possibility that the thefts could have formed part of an unofficial scheme indulged in by individual ANC officials, cannot detract from the merits of Applicant's case.  It is, for example, common cause that Applicant was assisted to join the ANC in exile after he was released on bail pending appeal as set out above.  The bail money itself, apparently came from ANC funds.  Applicant operated under the auspices of the ANC in exile until his return to South Africa in 1995.

In the circumstances we are satisfied that the application complies with all of the requirements of the Act.  Amnesty is accordingly GRANTED to Applicant in respect of the various incidents of car theft committed in South Africa during or about the period 1979 - 1987.

DATED AT CAPE TOWN THIS 5TH DAY OF APRIL 2001

??

2

      /...

/...