DECISION
The applicants apply for amnesty in respect of the unlawful possession and the smuggling into the country of arms, ammunition and other weapons.
Vusimuzi Derrick Ngobese (hereinafter referred to as "the 1st applicant") was at the time of the commission of the offence on 1st February 1993 a member of the African National Congress (the ANC) and was a commander in the logistics department of Umkhonto weSizwe (MK), the military wing of the ANC. He was based in Swaziland.
Mandlenkosi Clifford Makhoba was also a member of the ANC.
The applicants were arrested on 1st February 1993 at the Golela border post between Swaziland and South Africa. At the time of their arrest they were driving in a motor vehicle from Swaziland into South Africa. They were arrested on the South African side of the border. The police arrested them because upon searching their vehicle they found a large quantity of firearms and other weapons hidden in a secret compartment in the boot thereof. The weapons found in the possession of the applicants were the following:
13 Stechkin 9x18mm pistols with 26 magazines;
9 Makarov 9x18mm pistols with 18 magazines;
2 RPG rocket launchers;
6 PG 7 rocket launchers;
6 PG primary loads;
34 F1 handgrenades
40 UZRG handgrenades detonators and
2800 AK 47 bullets.
Both applicants have been charged in the Regional Court with offences in contravention of the Arms and Ammunition Act, No 75 of 1969. Their trial has been postponed pending the outcome of the applications for amnesty.
We are satisfied on the evidence before us that the aforesaid weapons were being smuggled into the country for use by the ANC in KwaZulu Natal. It was intended that the weapons be used to protect the interest of the ANC and /or MK which was involved in a conflict with the Inkatha Freedom Party at that time. There is nothing to suggest that the applicants were smuggling the weapons into the country for their own personal gain and we are of the view that they acted in furtherance of the aims and interests of the ANC.
We are accordingly satisfied that the offences committed by the applicants were acts associated with a political objective committed in the course of the conflicts of the past as contemplated in section 20 (1) (b) of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 (the Act).
We are also satisfied that the applicants have made a full disclosure of all relevant facts and that their applications comply with the provisions of the Act.
The applications accordingly succeed and amnesty is
GRANTED: to Vusimuzi Derrick Ngobese and Mandlenkosi Clifford Makhoba in respect of the unlawful possession of and the unlawful importation and/or smuggling of 13 Stechkin 9x18mm pistols with 26 magazines; 9 Makarov 9x18mm pistol with 18 magazines; 2 RPG 7 rocket launchers; 6 PG 7 rockets; 6 PG primary loads; 34 F1 hand grenades; 40 UZRG hand grenades detonators and 2800 AK 47 bullets on 1st February 1993 at the Golela Border Post in contravention of the provisions of Act 75 of 1969.
Signed on the 29th day of March 1998.
