DECISION
The applicant was convicted of the possession of an unlicensed firearm, a Z88 pistol and ammunition at Guguletu on 25 September 1992 and sentenced to 6 lashes plus twelve months correctional supervision, plus two and a half years' imprisonment, this being suspended for five years. He has since committed a breach of the conditions of his correctional supervision order.
His application for amnesty has been amplified by an affidavit filed on his behalf. From these it emerges that the weapon found in his possession had been supplied to him by Umkhonto weSizwe as a member of a Self Defence Unit, which had been established by the ANC. The Committee has heard a great deal of evidence about such units which has been confirmed by submissions made by the ANC to the Truth and Reconciliation Commission on 12 May 1997. This confirms that such units were formed by the ANC and were armed by or on behalf of the ANC to protect the community and further the political settlement process.
The breach of the conditions of his supervision order was brought about as a result of instructions he received from the ANC to attend a VIP training course.
We are satisfied that his acts fall within the provisions of Section 20 of the Promotion of National Unity and Reconciliation Act and that he is
ENTITLED TO AMNESTY: both for the offences of which he has been convicted set out above and in respect of his breach of the supervision order.
SIGNED IN CAPE TOWN ON 20th DAY OF MAY 1997.
(Signed)
MALL, J
WILSON, J
DE JAGER SC
