DECISION
______________________________________________________
The applicant makes application for amnesty in terms of Act 34 of 1995 as amended ("the Act") in respect of the unlawful possession of an AK47 rifle and associated ammunition during 1994. During the reign of the Apartheid system, its custodians and opponents resorted to various strategies in an attempt to gain advances in this conflict. As a result of the conflict the African National Congress ("ANC") devised what has become known as Self Defence Units ("SDU") in order to defend it's members and residents in certain areas in general. They also equipped as far as they could, such members with arms in order to complete their duties.
Thokoza was one such area in which SDU's were established. The applicant was attached to the Tambo section SDU in Thokoza. He was a member from January 1993 to 20 April 1994 when he was arrested while in unlawful possession of an AK47 rifle and ammunition.
While he did not have permission from within his own SDU structure to be in possession thereof, he was compelled by an imminent attack on the area in which he operated as a member of the SDU.
It was while preparing to defend the area, that he was arrested for being in unlawful possession of the said rifle and ammunition. Clearly he indulged in the activity in accordance with the policy of employing SDU's in the area. This was clearly within the scope of political activity. We are satisfied that he has made full disclosure in the circumstances.
The committee is satisfied that he has complied with the requirements of the Act and he is therefore GRANTED amnesty in respect of the unlawful possession of an AK47 rifle and ammunition committed on or about the 20 April 1994 at Thokoza.
SIGNED AT CAPE TOWN THIS THE 23RD DAY OF JANUARY 2000.
_________________________
_________________________
_________________________
