Amnesty Hearings — Pietermaritzburg — UNKNOWN

UNKNOWN: Thank you Mr Chairman, learned members of the Committee for allowing us some time to prepare very roughly a closing argument.
	Mr Chairman, members of the Committee, the applicants have applied for amnesty in respect of several offences committed during an attack on the Crazy Beat Disco in Newcastle on the 14th of February 1994 when one person was killed and two people were injured.
These offences included murder, attempted murder and possession of arms and ammunition and hand grenades.
	The applicants were properly convicted and sentenced to long terms of imprisonment for committing those offences and they were convicted and sentenced in May of 1994.
	Mr Chairman, although another tribunal trial court and therefore expressing it's opinion found the applicants and guilty and sentenced them.  We respectfully submit that the trial court was well placed to make it's findings on the evidence before it and it's therefore important to note that some of these findings included the following factual findings.
	That applicant Molefu was a member of the PAC at the time and that applicants Shiceka and Tanda were soldiers of APLA.  The trial court also found that these offences were committed with a political objective, namely to further the aims and objectives of APLA.
	In fact the court found that the applicants carried out the orders given by APLA High Command on the evidence before you by one, Power Mzala, also referred to as Jones.  	The trial court also found that these offences were not committed for any personal gain. 
	We respectfully submit Mr Chairman and members of the Committee, that the uncontroverted evidence of the applicants before you confirm that trial court's findings.  Based on these findings it is submitted that the applicants are entitled to amnesty and they have complied with the requirements of Section 20 of the Act. 	Although not a factor in terms of the statute it is of importance and relevance to the whole reconciliation process, the attitude of victims.  In this case none of the victims oppose amnesty.  Mrs Swart who is here whose daughter was killed abides the decision of this Committee.
	If there is any basis for objection to this application then it's because of an alleged lack of full disclosure.  In this regard we respectfully submit that the applicants have disclosed all the relevant and material facts relating to the Crazy Beat Disco incident before, during and after the incident.
	The evidence before this Committee in summary is as follows:
	An order was given by Power Mzala in January that targets needed to be identified in Newscastle for the purpose of APLA carrying out certain operations.  
	Mzala gathered together a unit comprising, Tanda, Shiceka, Sitembele and Funani who are not before this Committee, they formed the unit.  
Tanda was told that he commands the unit.
	Tanda was also told that he must identify the targets.
	They came to Newcastle, Tanda identified two targets, namely the restaurant and the Crazy Beat Disco.
	They were identified on the basis that these targets are frequented by white people and they were told, in fact it was part of the order that they should do so.
	The arms and ammunition were brought from Umtata by motor car by Molefu already in 1993.  He stored and hid these arms at his place here in Newcastle during all this time.  And these are the arms and ammunition used by the applicants to launch the attack on the disco.
	To launch the attack a car was highjacked and that car was highjacked by Tanda and the two other members of his unit.  Shiceka was not one of them.  Molefu was driving the other vehicle which took them to the highjacked car.
	As far as the operation itself is concerned Tanda and Shiceka have admitted and confessed to you that they were directly involved in perpetrating the attack.  They were armed with automatic weapons and grenades.  The automatic weapons were used.
	Molefu was involved in the attack, he supported it, he knew about it.  But his involvement was confined to a supporting role both before the attack and after the attack.  In fact he was arrested together with Tanda and Shiceka the next day, February the 15th.
	Mr Chairman, the applicants have shown remorse, they have asked for forgiveness and we submit with respect, that their plea is a genuine one and that they too are the victims of our apartheid past as much as the actual victims are, who were either killed or injured during this attack.  And therefore Mr Chairman, they deserve amnesty.
	In terms of supporting our submissions we would just like to refer to the decisions given in the Coetzee application and the Mitchell application and we submit that the case of the applicants before you is even more clear cut, if one can put it that way, than both of those decisions given by this Committee.
	Thank you Mr Chairman.

CHAIRPERSON: Mr Prior?