DECISION
The applicant applies for amnesty in respect of his conviction in the Protea Regional Court in Soweto on three counts of being in possession of arms and ammunition. He was sentenced to three years imprisonment portions of which were suspended on the usual conditions.
The accused appealed against the sentence and it was reduced by the then Supreme Court on 5 November 1992 as follows:
Count 1: 36 months of imprisonment of which 14 months is suspended for five years on condition that the accused is not found guilty of a contravention of sections 2, 32 or 36 of Act 75 of 1969 which was committed during the period of suspension.
Count 2 & 3: 18 months imprisonment of which 15 months is ;suspended for five years on condition that the accused is not found guilty of a contravention of section 2, 32 or 36 of act 75 of 1969 which was committed during the period of suspension.
At the time of the commission of the offences, the applicant was a community leader and member of both the then recently unbanned ANC and SACP in Tladi squatter camp in Soweto. He describes a situation where the camp's occupants became the targets of increasing attacks on them by residents of the neighbouring IFP aligned hostel.
He indicates that despite repeated requests the police refused to assist the community. He says that the community decided to collect funds to obtain firearms and ammunition for the purpose of warding off the attacks. As one of the leaders in the community he assumed responsibility for the safekeeping of the weapons and ammunition. He says that one evening after such an attack he found an unexploded handgrenade left behind by the attackers. He decided to keep it for defensive purposes rather than hand it in to the police.
The applicant says that on 21 April 1991, the police raided his area and found him in possession of one M26 handgrenade; one 12 gauge home-made firearm; seven 12 gauge, on 7.62mm and two unknown calibre rounds of ammunition. These items formed the subject of the three counts for which he was charged and convicted.
It is clear from the documentation before us that the applicant was a leader of, and acted in support of his community.
It is further evident that he was a member of, and acted on behalf of a known liberation movement.
It is further clear that he pleaded guilty to the charges and that he did not act out of personal or other ulterior motives and that his application complies with the terms of the Act.
In the circumstances the applicant is GRANTED amnesty in respect of his convictions and sentences as set out above.
Signed at Cape Town on this 3rd day of March 2000.
___________________
___________________
___________________
