AC/2001/190

      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.

WILHELM RIAAN BELLINGAN 1ST APPLICANT

(AM5283/97)

ADRIAAN DAVID BAKER     2ND APPLICANT

(AM5284/96)

      DECISION

The application for amnesty in terms of the Promotion of National Unity and Reconciliation Act 34 of 1995 was considered by the Amnesty Committee.

The Applicants apply for amnesty for the destruction of weapons which had been exhibits in trials against activists.  These the Applicants on instruction of General-Major Engelbrecht took to Iscor where they were destroyed in furnaces.  At Iscor they allegedly also observed the destruction of files by Colonel Cronje, containing information on informers according to the second Applicant.  The first Applicant alleges only that they were told by General-Major Engelbrecht that he had instructed Cronje to destroy these files.

The destruction of weapons was clearly done in the normal course of their employment and was not unlawful.

In the event no act has been disclosed which constitutes an offence or delict and amnesty is accordingly REFUSED.

DATED AT CAPE TOWN THIS 24TH DAY OF MAY 2001

Duly authorised to sign on behalf of the Amnesty Committee

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