DECISION
The applicant applies for amnesty in respect of the role he played in the burning of the house of Mr Johannes Motshwa during August 1984 at Lebohang.
At the time of the incident the applicant was the chairperson of the Leandra Action Committee (LAC) and was also the president of the Mpumelelo Youth Congress (MPUYCO)). Mr Motshwa was the mayor of Lebohang.
The applicant states that he, in his capacity as a leader, instigated certain persons to burn the mayor’s house because he, the mayor, was part of the system which was effecting forced removals of
residents from the area. The prime objective of the applicant in instigating the arson was to persuade the authorities, in particular the mayor, to stop the forced removals. The applicant was convicted of intimidation in 1985 and was sentenced to eight months imprisonment or the payment of a fine of R2500.00.
We are satisfied that the offence committed by the applicant was an act associated with a political objective committed in the course of the conflicts of the past. 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 Promotion of National Unity and Reconciliation Act, No. 34 of 1995.
In the result, the applicant is
GRANTED: amnesty in respect of the unlawful acts committed by him which resulted in the burning of the Johannes Motshwa’s house at Lebohang during August 1984.
We are of the opinion that Mr Johannes Motshwa is a victim as defined in the aforesaid Act, and this matter is referred to the Committee on Reparation and Rehabilitation for its consideration.
Dated at Cape Town this 1st day of April 1999
