AC/99/0074
TRUTH AND RECONCILIATION COMMISSION
AMNESTY COMMITTEE
APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT NO. 34 OF 1995.
MANDLA MAVUNDLA APPLICANT
(AM 6639/97)
DECISION
The applicant applies for amnesty in respect the following offences:
1. The illegal possession of a machine fun and ammunition.
2. The illegal possession of a hand grenade.
The Committee investigated the matter and the following information was gained from the official prison files.
The applicant was convicted on three charges on 20 July 1997:
1. Contravention of Section 32(1)(a) of Act 75 of 1969 for being in the illegal possession of R4 rifles.
2. Contravention of Section 32(1)(c) of Act 75 of 1969 for being in unlawful possession of ammunition.
3. Contravention of Section 32(1)(b) of Act 75 of 1969 for being in the unlawful possession of 2 M26 hand grenades.
He was sentenced to 6 years imprisonment on count 1, one year on count 2 and 6 years on count 3 - an effective sentence of 13 years.
The Committee requested further particulars from the applicant and the PAC on 11 November 1997. No response was forthcoming. No confirmation came forward that the applicant was indeed a member of the PAC acting on instructions or with the approval of one of their commanders.
Taking into consideration the nature of the offences reflected in counts 1, 2 and 3 above, the prevailing circumstances in KwaZulu Natal and in particular the Empangeni area and the applicant's affidavit, the Committee is satisfied that the illegal possession of the firearms and ammunition reflected in counts 1,2 and 3 were associated with a political objective. It should be noted that his co-accused Musa Patrick Hadebe AM6667/97 also asked for amnesty in respect of murder and attempted murder. The Committee need not consider amnesty in this respect as no application has been made by the applicant in this regard.
Amnesty is GRANTED in respect of the illegal possession of:
1. Two (2) R4 rifles.
2. One hundred and forty (140) rounds of ammunition;
3. Two (2) hand grenades;
on 6 February 1994 at Stanger, but excluding any gross violation of human rights as defined in Act 34 of 1995.
(Signed)