Decisions

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 is being decided in chambers.  Although only bare details are disclosed in the application, the following relevant information appears from the application.

At all material times, Applicant was a member of the African National Congress ("ANC") and its military wing, uMkhonto weSizwe ("MK").  Applicant was convicted in the Pretoria Supreme Court and sentenced to 16 years imprisonment on 21 November 1997 on charges of unlawfully possessing firearms and explosives and in regard to recruiting members on behalf of the ANC and MK.  Applicant was acting on orders from the ANC and MK at the time of committing the offences referred to.  According to the Committee's records, Applicant's membership of the ANC was confirmed by the ANC Truth Desk which is a structure charged with assisting and facilitating applications for amnesty of ANC members.

Having considered the matter, we are satisfied that the offences are directly associated with the past political conflict in the country and the liberation struggle engaged in by the ANC.  In the circumstances, we are satisfied that the offences constitute acts associated with a political objective as envisaged in the Act.  Amnesty is accordingly hereby GRANTED to the Applicant in respect of the offences of unlawfully possessing firearms and explosives and recruiting members on behalf of the ANC and MK during or about 1977.

DATED AT CAPE TOWN THIS    DAY OF                2001.

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