DECISION
This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act"). The matter relates to Applicant's unlawful possession of an AK47 assault rifle and ammunition on or about 19 September 1993 at or near Thokoza, Gauteng. At the relevant time Applicant was a member of the African National Congress ("ANC"), Thokoza and was involved in activities of the Self-Defence Units ("SDU") in Thokoza, established at the instance of the ANC.
The Amnesty Committee has dealt with numerous applications for amnesty arising out of SDU activities, particularly in Thokoza and surrounding areas of the then East Rand. Ample evidence has been led at these hearings concerning the political violence that engulfed these areas during the early 1990s and the activities of pro-ANC communities in arming themselves pursuant to this conflict.
Applicant indicates in further particulars to the application that the firearm in question was entrusted to him by his SDU commander, the late Mr Oupa Matshephe. He intended to hand the weapon over to the police at the time when it was found in his possession on 19 September 1993. We should interpose here that it has been common cause at SDU hearings that after some measure of peace was established in the said areas of conflict just prior to the 1994 democratic elections, there was a call for all unlawful weapons to be handed over to the authorities. This was largely acceded to and special public ceremonies were arranged, some in Thokoza, where arms were handed over.
Having carefully considered the matter, we are satisfied that the application complies with all of the requirements of the Act. Amnesty is accordingly GRANTED to Applicant for the unlawful possession of an AK47 assault rifle and ammunition on or about 19 September 1993 at or near Thokoza, Gauteng.
DATED AT CAPE TOWN THIS
: DAY OF
: 2000
