DECISION
The Applicants were members of the Military Wing ("MK") of the African National Congress ("ANC"). They were all active in the former Transkei area during the early 1990's. They all apply for amnesty in terms of Act 34 of 1995 as amended ("the Act") in respect of transgressions of Act 54 of 1982 committed during attacks on the police barracks at Kokstad and on the Kokstad and Maclear Police Stations.
It is well-known that the ANC, mainly through its military structures waged a fully-fledged war against the South African regime at the time.
In 1990, all the Applicants planned the destabilisation of government institutions in the Transkei area. Kokstad and Maclear were amongst the towns identified by them as towns in which such institutions would be attacked so as to destabilise the government control. They launched a grenade attack on the police barracks at Kokstad. The subsequent police report suggests that no injury or damage resulted from this attack.
A short while thereafter, all the Applicants were involved in two attacks on other state institutions. It was based on the same kind of plans as were devised for the attack on the police barracks at Kokstad.
They attacked the police station at Kokstad. On the same day they attacked the police station at Maclear. In both instances, the attacks took the form of launched limpet mines and the use of what is referred to as TNT. Again in both these incidents, there does not seem to have been any injury or substantial damage (if any) that was caused.
In our view all the attacks took place within the political atmosphere that existed in South Africa at the time and that the Applicants have disclosed all the necessary facts related to these attacks.
We are satisfied that they have all complied with the requirements of the Act and in the result, they are all GRANTED amnesty in respect of transgressions of Act 54 of 1982 committed during the incidents during which the police barracks at Kokstad was attacked and also during which the police stations at Kokstad and Maclear were attacked.
DATED AT CAPE TOWN THIS
: DAY OF
: 2000.
