DECISION
This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act"). The matter relates to offences committed during two different time periods, namely 1977 until 1986 when Applicant actively participated in the armed struggle of the African National Congress ("ANC") as a member of its armed wing Umkhonto weSizwe ("MK") and the period 1990 until 1993 when Applicant rendered certain assistance to Self Defence Units (SDU) in his capacity as a member of MK in Gauteng. Applicant was convicted and sentenced in respect of his MK activities during 1986 but was never arrested or charged in respect of the SDU activities. The different category of offences will be dealt with separately.
OFFENCES RELATING TO MK ACTIVITIES
The facts in regard to these offences are fully set out in the relevant court records as well as particulars furnished by the Applicant. Applicant joined the ANC in exile during 1977 and received military training as a member of MK. During 1985, Applicant was ordered by his MK commanders to enter South Africa with the objective of pursuing the armed struggle. Applicant entered South Africa during or about October 1985 with a MK unit which was established in the Durban area.
Applicant was eventually arrested and found in possession of various items of arms, explosives and ammunition. None of these items was used to kill or harm anyone. Applicant was eventually convicted and sentenced to 8 years imprisonment in respect of the following offences which all related to his activities as a member of MK:
1. Terrorism;
2. Possession of a Makarov 9mm pistol;
3. Possession of 16 rounds 9mm ammunition;
4. Unlawful possession of:
4.1 6 x SPM limpet mines;
4.2 4 x Russian 158 limpet mines;
4.3 10 x grenades;
5. Unlawful possession of the following explosives:
5.1 4 blocks (1 kg each) of plastic explosives;
5.2 100 metres of detonating fuse;
5.3 30 metres of safety fuse;
5.4 6 SPM limpet mine detonators with lead bars;
5.5 4 RDG 5 handgrenade detonators;
5.6 1 box containing 8 mechanical detonator devices;
5.7 1 box containing 6 mechanical detonator devices;
5.8 4 MUV 11 switches;
5.9 2 mechanical detonator devices;
5.10 1 electric detonator device;
5.11 1 electric time switch;
5.12 14 electric detonator devices;
5.13 1 carton container containing 4 SPM lead bars;
5.14 5 blocks of 400 grams of TNT;
5.15 4 blocks of 200 grams of TNT;
5.16 20 mechanical detonator devices;
5.17 7 electric detonator devices;
5.18 10 RGD 5 handgrenade detonators.
6. Fraud, in that Applicant was found in unlawful possession of a forged reference book no. 5501981.
OFFENCES RELATING TO SDU ACTIVITIES
These activities occurred during the period 1990 until 1993 when Applicant was a member of the PWV regional command of MK. During this period, Applicant's duties were to store and assist the MK regional command to distribute various firearms and ammunition to members of the SDU in the PWV region, Gauteng. This was done on orders from his superiors within MK and in accordance with the ANC and MK policy of supporting SDU activities at the time.
We are satisfied that the offences for which amnesty is being sought, has clearly been committed with a political objective. We are also satisfied that the application complies with all of the other requirements of the Act and amnesty is accordingly hereby GRANTED to Applicant in respect of the following:
1. All offences arising from Applicant's activities as a member of MK during or about the period 1977 until 1986 including the following offences specified above
1.1 Terrorism;
1.2 Unlawful possession of a firearm;
1.3 Unlawful possession of ammunition;
1.4 Unlawful possession of grenades, bombs and/or projectiles;
1.5 Unlawful possession of explosives; explosives:
1.6 Possession of a forged reference book.
2. All offences arising from Applicant's activities, as a member of the PWV regional MK command, in support of the SDU activities in Gauteng including he unlawful possession of arms and ammunition.
DATED AT CAPE TOWN THIS
: DAY OF
: 2000
