DECISION
This is an application in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act"). The Applicant had applied for amnesty in respect of a number of incidents most of which had been finalised, some pursuant to public hearings of the Amnesty Committee. Applicant's personal background and activities as a member of the Security Police had been fully canvassed in both the earlier hearings and decisions of the Committee. The present matter is being decided in chambers and relate to an explosion at a railway line near Johannesburg during or about the period 1983 - 1984. Applicant is unable to recall the specific date.
At the relevant time, Applicant and some of his colleagues were engaged in handling certain Security Police sources who had infiltrated the underground structures of Umkhonto weSizwe ("MK") the military wing of the African National Congress ("ANC"). These sources had been ordered by MK to execute certain operations inside South Africa, including the destruction of the main railway line between Johannesburg and Durban with an explosive device. After the matter was discussed with Applicant's superiors, it was decided that the Security Police should arrange for a controlled explosion on a railway line near Johannesburg in order to enhance the credibility of the sources with MK. The Security Police authorities specifically ordered that no deaths or bodily injuries should result from the explosion and the target should be damaged as little as possible. In execution of this plan, a limited explosion was caused on an alternative, auxiliary railway line and a further charge was placed on the main railway line between Johannesburg and Durban but was not detonated. The latter charge was "discovered" by the police and neutralised before it could detonate. Arrangements were made for the media to give full coverage to the explosion, in order to ensure that the information should reach the MK authorities. No loss of life or injuries resulted from the explosion.
Having considered the matter, we are satisfied that the incident was directly associated with the political struggle which was waged at the time by the then government against the liberation movements. We are accordingly satisfied that the incident constitutes aan act associated with a political objective as envisaged in the Act. Amnesty is accordingly GRANTED to the Applicant in respect of all offences arising from an explosion which occurred at an auxiliary railway line at or near Johannesburg during or about the period 1983 - 1984.
DATED AT CAPE TOWN THIS 30TH DAY OF MAY 2001
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