DECISION
The Applicant was granted amnesty in respect of a number of incidents listed in the decision of the Committee dated 13 October 2000. The incident forming the subject matter of the present decision, namely Operation Vula, was omitted from that decision. This matter is dealt with in chambers, as was the case for the other incidents.
Operation Vula was an ongoing project under the command of Mac Maharaj, a member of the National Executive Committee ("NEC") of the African National Congress ("ANC"), with the objective of strengthening the ANC underground structures inside South Africa. It involved the infiltration into South Africa of military trained cadres of Umkhonto weSizwe ("MK"), the military wing of the ANC, as well as arms. The operation started off in 1987 to coincide with the covert return from exile of Mac Maharaj and a member of MK Command, Siphiwe Nyanda and was still operative at the time of the unbanning of the ANC in 1990. Another high profile ANC leader, Ronnie Kasrils (who had also applied for amnesty for the operation) was also part of the project. No operations were conducted and, according to Ronnie Kasrils, there was no intention of plotting to derail political negotiations as claimed by the then government. Applicant was personally involved in storing arms and harbouring MK cadres as part of the operation. He was granted indemnity for these actions during either 1991 or 1992.
We are satisfied that Applicant's conduct amounts to an act associated with a political objective as envisaged in the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act"). The matter also complies with all of the other requirements of the Act.
In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences or delicts arising from his participation in the ANC project commenced during or about 1987 termed Operation Vula including the storing of arms and harbouring MK cadres in different parts of South Africa.
DATED AT CAPE TOWN THIS DAY OF 2001.
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