DECISION
During 1989 the applicant lived in Section 4, Mpumalanga, Kwa-Zulu Natal.
During that time Mpumalanga was engulfed in political unrest and there was continual violence between supporters of the Inkatha Freedom Party (the IFP) and supporters of the African National Congress (the ANC).
The applicant was a supporter of the IFP mainly by reason of the fact that he lived in Section 4 which was an IFP stronghold.
The applicant was also a police informer. One of the benefits of being a police informer was the reduced risk of his house being searched by the police. For this reason he was requested by one Daluxolo Luthuli, a senior and active member of the IFP, to keep arms at his house for the IFP.
On or about 3 May 1989, the applicant had in his possession at his house two AK47 rifles, two hand grenades and a quantity of ammunition. On that day a contingent of police from outside the Mpumalanga area as well as members of the South African Defence Force conducted an operation in Mpumalanga which involved the searching of houses. Fearing that his house would be searched, the applicant parcelled the abovementioned weapons and ammunition and took them to Phillip Mhlongo who was then a minister of religion in the employ of the Kwa Zulu Government in Section 4.
He requested Rev. Mhlongo, who did not know what the parcel contained, to keep the parcel for him, saying that he was going away to Ulundi. Rev. Mhlongo obliged and shortly thereafter was arrested and charged for being in possession of the weapons. He was excommunicated from his church pending the outcome of his trial and was also suspended from his duties by his employer. He was eventually found not guilty and discharged and was re-instated to his former positions.
The applicant was never arrested or charged in respect of the said weapons and ammunition. He states that he gave the parcel to Rev. Mhlongo for safekeeping as he believed that the members of the security forces would not search the church.
We, after considering the documentation before us, are of the view that the offences committed by the application were acts associated with a political objective as contemplated by the provisions of Section 20 of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 (The Act), that the applicant had made a full disclosure of all the relevant facts and that the application complies with the requirements of the Act.
In the circumstances the applicant is GRANTED amnesty in respect of the unlawful possession and supply to Rev. P. Mhlongo of two AK47 rifles, two hand grenades and an unknown quantity of ammunition on or about 3 May 1989 at Mpumalanga, Kwa Zulu-Natal.
SIGNED AT CAPE TOWN THIS THE
: DAY OF
: 1999
