DECISION
The applicant applies for amnesty in respect of the theft of explosives and being in unlawful possession of explosives including a home-made bomb.
At the time of the commission of the offences the applicant was a member of the Afrikaner Weerstand Beweging (the AWB), holding the rank of "Kommadant". On 28 December 1991 he, together with two AWB colleagues, stole explosives and detonators from a coal mine.
The stolen explosive material was used in the manufacturing of a home-made bomb. This bomb was, on 16 January 1992, placed by the applicant and a colleague on the premises of the Calvary Church School at Nelspruit. The bomb was defused before it exploded and caused no damage.
The applicant was charged and convicted of the offences in the Regional Court, Middelburg and was, on 4 April 1995, sentenced to twelve months imprisonment, conditionally suspended for five years, in respect of the theft of the explosive material and to five years imprisonment, also conditionally suspended for five years, in respect of the possession of explosive material and the home-made bomb.
The applicant states that his motive in committing the offences was to enable him to make direct attacks against racially mixed schools and churches with the view to derailing the government in the democratisation process it was pursuing.
We are satisfied that the offences were committed by the applicant in the course of the conflicts of the past and with a political objective. We are also of the view that the application complies with the requirements of the Promotion of National Unity and Reconciliation Act, 34 of 1995, that the applicant has made full disclosure and that there is no need to hold a hearing in this matter.
The applicant is accordingly
GRANTED: amnesty in respect of
1. the theft of explosives on 28 December 1991 for which he was convicted and sentenced on 5 April 1995 to undergo twelve months imprisonment, conditionally suspended for five years, by the Regional Magistrate, Middelburg; and
2. the unlawful possession of explosives and a home-made bomb on 16 January 1992 for which he was convicted and sentenced on 5 April 1995 to undergo five years imprisonment, conditionally suspended for five years, by the Regional Magistrate, Middelburg.
SIGNED ON THE 18 DAY OF NOVEMBER 1998
