DECISION
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The Applicant has applied for amnesty in respect of the following offences:
1. Assault of one Sergeant Botha during 1988.
2. Breaking restrictions imposed in terms of the State of Emergency.
3. Not complying with bail conditions.
4. Leaving the country without a passport.
The Applicant testified that he was a United Democratic Front member. His position in the UDF was that of an organiser. He was also a member of uMkhonto weSizwe, the military wing of the ANC. His position in the MK was that of a political commissar. He testified that he was one of the founder members of the UDF when it was founded in 1983.
The Applicant was detained under the security laws of the country after the State of Emergency had been declared. He was detained on 1st December 1986 and was only released in March 1989. The assault on Sgt Botha took place while the Applicant was still in detention towards the end of 1988.
The facts leading to the assault are as follows:
The Applicant was detained together with one Alfred Makaleng who was also a political detainee. This comrade fell ill but the prison officials refused to take him to hospital. As a result of being denied medication as well as access to hospital facilities, this detainee died.
On the day that Alfred died, Sgt Botha came to the prison to give the prisoners food. The emotions were running high and as a result the Applicant poured the soup over Sgt Botha and assaulted him with the soup bowl.
POLITICAL MOTIVATION
The Applicant testified that it was not an instruction of the ANC to pour soup on prison wardens. However, the prison officials were perceived to be part of the apartheid system. When he poured the soup on Sgt Botha he saw it as part of the defence campaign of the ANC. He wanted to send a message that the ANC would not tolerate the type of treatment which they received from the prison officials.
When the Applicant was released from detention, certain conditions were put to him that he had to report to the police station twice a month. He was also restricted to the Makaleng district.
He testified that on the day of his release from detention, he was arrested by the police for the assault on Sgt Botha. He appeared in court and was granted bail of R400.00.
He, however, did not abide by the conditions of the bail and instead left the country illegally without a passport.
Having considered the matter we are satisfied that the Applicant has complied with all the requirements of the Act to qualify for amnesty and that the acts were associated with a political objective and he has made full disclosure of all the relevant facts.
Accordingly, the Applicant is GRANTED amnesty for all the acts that he has applied for.
The victim, Sgt Botha, is referred to the Reparation and Rehabilitation Committee for consideration.
SIGNED ON THE day of 2000
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JUDGE JOHN MOTATA
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ADV F J BOSMAN
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ADV S SIGODI
