DECISION
During April 1978 the Applicant was convicted of contravening a provision of the Riotous Assemblies Act. He was sentenced to pay a fine of R50.00 or to undergo six months imprisonment. The Applicant, who was a member of the Writers Association of South Africa, had, during or about November 1977, participated in a peaceful demonstration march in Johannesburg. The march, which was organised by the Media Workers Association of South Africa, was in protest against the detention without trial of two journalists. The Applicant states that he participated in the march in order to express his opposition to the unjust laws of the apartheid regime.
During or about March 1990 the Applicant, who was a supporter of the African national Congress, fraudulently applied for and obtained an identity document. The application form for the identity document which was completed by the Applicant reflected his personal details but was submitted with photographs of one patrick Motha, an uMkhonto weSizwe (MK) cadre. The identity document issued to the Applicant could therefore be freely used by the said Motha. The Applicant gave the identity document to Motha who used it to obtain a passport, which passport was used by him to travel to and from Swaziland and Mozambique on MK business.
We are satisfied that both of the aforementioned offences were committed by the Applicant with a political objective as contemplated by Section 20(1)(b) of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act"). We are also satisfied that he has made a full disclosure of all relevant facts and that his application complies with the requirements of the Act.
In the circumstances, the Applicant is
GRANTED: amnesty
in respect of:
1. His participation in an unlawful march in Johannesburg during November 1977 for which he was convicted and sentenced in the Johannesburg Magistrate's Court, during April 1978; and
2. His fraudulent obtaining of an identity document during or about March 1990, which document reflected his personal details but contained the photograph of one Patrick Motha.
(Signed)
