DECISION
The applicant applies for amnesty in respect of the offences of public violence and the unlawful possession of a firearm and ammunition.
The applicant joined the student organisation AZASM during 1976 when he was a pupil at the Ilinge Higher Primary School. The organisation focused its struggle on the education system. The applicant was an active participant and, during 1977, he was arrested on a charge of public violence. He was convicted and was sentenced to a term of imprisonment of three years and six months.
During 1985 the applicant was a member of the ANC. He actively participated in the violence which took place in Uitenhage and its surrounding areas. The objectives of the ANC at that stage were to rid the townships of policemen and to render the country ungovernable. To these ends the applicant participated in various incidents involving the burning and stoning of policemen's houses and the burning of delivery trucks. Houses burnt by the applicant included those of AB Swartbooi and ZW Smith. Nobody sustained any injuries in any of the incidents.
The applicant was arrested and charged with public violence and being in the unlawful possession of a firearm and ammunition. He was convicted and sentenced to a term of eighteen years imprisonment. He was granted indemnity and released from prison during 1991.
We are satisfied that the applicant had made a full disclosure and that the offences to which his application relates were acts associated with a political objective committed in the course of the conflicts of the past. We are also satisfied that the application complies with the requirements of the Promotion National Unity and Reconciliation Act, No 34 of 1995 (the Act) and that it may be dealt with in terms of section 19 (3) (b) of the Act.
The applicant is accordingly GRANTED amnesty in respect of:
i. public violence for which the applicant was sentenced to a term of imprisonment of three years and six months during 1977; and
ii. public violence including arson and the unlawful possession of a firearm and ammunition for which the applicant was sentenced to undergo a term of imprisonment of eighteen years during 1985.
SIGNED AT CAPE TOWN THIS THE
: DAY OF
: 1999
_ : _
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A.B Swartbooi and Z W Smith are, in our view victims and the matter is referred to the Committee on Reparation and Rehabilitation for its consideration in terms of section 26 of the Act.
