DECISION
The applicant, during 1979, was a political activist opposed to the policies of the government. Towards the end of that year he took part in a non-violent demonstration outside John Vorster Police station. The demonstration had been organised by a church and was a protest against the detention of political opponents of the government.
The applicant was arrested and charged in the Magistrate's Court, Johannesburg, with attending an illegal gathering. He pleaded guilty to the charge and was cautioned and discharged.
The applicant formally joined the African National Congress, the ANC, during 1980. He became an active member thereof.
During 1983 the applicant received classified information from one, Roland Hunter, a national serviceman who was attached to the Directorate of Special Tasks, which was a unit of Chief Staff Intelligence of the South African Defence Force, the SADF. The classified information received by the applicant was passed over by him to the ANC. Such information related to the training given by the SADF to Renamo soldiers in South African bases and the support being given by the SADF to Renamo in Mozambique.
The applicant was arrested and was also found to be in the unlawful possession of certain publications. He was charged in the Supreme Court, Pretoria, with various charges, including high treason. He pleaded guilty to two charges relating to the unlawful possession of publications and was convicted only in respect of such charges.
We are satisfied that the offences committed by the applicant were acts associated with a political objective, committed in the course of the conflicts of the past, that he has made a full disclosure of all relevant facts and that the application complies with the requirements of the Promotion of National Unity and Reconciliation Act, no.34 of 1995.
In the circumstances, the applicant is GRANTED amnesty in respect of:
1. Attending an illegal gathering in Johannesburg during or about December 1979, and in respect of which the applicant was cautioned and discharged in the Magistrate's Court, Johannesburg;
2. Unlawfully receiving classified information during 1983 and passing the same on to the ANC;
3. The unlawful possession of publications in terms of Section 56(1)(c) of the Internal Security Act, no.74 of 1982; and
4. The unlawful possession of publications in terms of Section 8(1)(d) of the Publications Act, no.42 of 1974.
Dated at Cape Town this 1st day of March 2000.
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