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Decisions

Type AMNESTY DECISIONS

Starting Date 23 October 1998

Names SOLOMON GEZANI CHAUKE

Case Number AC/98/0069

Matter AM 0964/96

Decision GRANTED

DECISION

The applicant applies for amnesty in respect of two incidents of intimidation which both occurred on the 6th of February 1991 at Nancefield in the district of Messina. He was charged in the Magistrate's Court, Messina, in respect of both incidents and was found guilty as charged and sentenced to undergo twelve months imprisonment, both counts having been treated as one for the purpose of sentence.

The applicant describes himself as being a supporter of the African National Congress and at the time in question, a youth leader at the Messina branch of that organisation. He states that the majority of the community in Nancefield agreed to boycott all businesses owned by white persons in both Nancefield and Messina. The victims of the intimidation broke the boycott, the one by buying a cold drink and the other by buying six beers from a bottle store owned by a white person. The applicant threatened the victims and dispossessed the one of a cold drink. Nobody was physically injured in the incident.

The objective of the boycott was purely political, it being instigated to undermine the local authority which was not democratically elected by all the people.

We are satisfied that the applicant committed the offences with a political motive as it was his intention to promote and sustain the boycott.

The application complies with the requirements of Act 34 of 1995 and may be considered without the holding of a hearing in terms of Section 19(3)(b) of that Act.

The applicant is therefore

GRANTED: amnesty in respect of the two acts of intimidation committed by himself in contravention of section 1(2) of Act 72 of 1982 on the 6th of February 1991 at Nancefield and in respect of which he was convicted and sentenced to undergo twelve months imprisonment by the Magistrate, Messina, on the 19th of November 1991.

Signed on 23rd of October 1998

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