DECISION
The applicant applies for amnesty in respect of:-
1. attempted murder of an undetermined number of unidentified members of the South African Police Service;
2. unlawful possession of unlicensed firearm;
3. unlawful possession of ammunition;
in terms of Act 34 of 1995 as amended.
The incident which gave rise to this application took place on 9th November 1990 at Johannesburg. The applicant had been asked by one Mpho Tshehlo of Meadowlands to transport certain persons to a scrap where they were going to fetch arms and ammunition. These arms were going to be used by the Self Defence Units (SDU) to protect the communities against the Mzimhlophe hostel dwellers who were mostly Inkatha Freedom Party (IFP) members. The confrontation between the members of the ANC and that of the IFP were of a political nature and took on clear political divisions which underpinned the battles.
On the way back from fetching the arms in the motor vehicle, the applicant was driving, they were requested to stop by the police. He, however, did not stop. The police shot at them. They returned fire and the applicant lost control of the car, collided with an object and the motor vehicle was brought to a stop. They then fled to the nearest house where he was arrested. He was found in possession of an AK47 rifle as well as ammunition.
At all times hereto the applicant was a supporter of the African National Congress (ANC). At this time there was ongoing violence between the Mzimhlophe hostel dwellers who were mostly Inkatha Freedom Party (IFP) supporters and the residents who were mostly African National Congress (ANC) supporters. Self Defence Units were formed to protect the communities. It became necessary for the Self Defence Units to devise means of arming themselves in order to be able to protect themselves and the community.
The applicant states that the political objective which he sought to achieve was to protect the community. Thus by providing his transport he was assisting the SDU and trying to protect the community. When the shooting took place he also aligned himself with the actions of his colleagues who also participated in this operation.
He has made full disclosure of what took place on that day and clearly his activities were politically motivated.
We are satisfied that he has complied with the Act and in the result he is
GRANTED: amnesty in respect of the offences for which he has sought amnesty.
SIGNED ON THE 1ST JUNE 1999.
