Jailed Apla fighter ’ s court victory

Legal teams agree on parole recommendation

FORMER Azanian People’s Liberation Army (Apla) commander Kenny Motsamai who has been in prison for over two decades could be released before the end of this year after a legal battle in the South Gauteng High Court yesterday.

Motsamai ’ s lawyers reached an agreement with Justice and Correctional Services Minister Michael Masutha ’ s legal representatives that he (Motsamai) be recommended for release on parole at the sitting of the Boksburg prison ’ s case management committee next week.

The committee is scheduled to meet on November 1922, during which Motsamai ’ s parole would be recom- mended to Masutha.

According to the order, Masutha would then consider the committee ’ s recommendation within 30 days.

Motsamai ’ s attorney Luleka Flatela said they initially wanted the 52-year-old Apla commander to be released unconditionally but had to settle for the agreed order, which Judge Colin Lamont made.

Flatela said her law firm ’ s involvement in the case was not just about Motsamai.

“We ’ d like [to access] information on other Apla cadres still in prison,” she said.

Flatela and her partner in the law firm, Sabelo Sibanda, managed to convince top advocates Vuyani Ngalwana SC and Lesego Mmusi to take up Motsamai ’ s case probono.

“There ’ s been a serious injustice with regard to Motsamai ’ s case and those of other political prisoners,” she said.

Motsamai ’ s relative Yvonne Lobelo said she left court yesterday with mixed emotions.

“We came here with so much hope but we ’ re not going to lose hope,” a tearful Lobelo said.

She said it had been difficult to raise Motsamai ’ s two children, who were very young when he was imprisoned for killing a white traffic officer during a robbery sanctioned by Apla in Rustenburg in 1989.

Pan Africanist Congress organiser Mokone Rantlo said more than 20 Apla fighters were still in prison.