Decisions

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 is being decided in chambers.

The Applicant was a commander of Umkhonto weSizwe ("MK") the military wing of the African National Congress ("ANC") based in various of the neighbouring countries during the period 1977 until 1992.  In this capacity he was actively engaged in the armed struggle waged by MK and the ANC inside South Africa.  He, however, failed to give any particulars concerning the specific operations in which he was involved in his written application.  All attempts by the Committee to obtain further particulars from the Applicant, proved fruitless.  Applicant accordingly failed to make a full disclosure in regard to any specific operations and he accordingly does not qualify for amnesty in this respect.

The application, however, does disclose that Applicant conducted military training of MK operatives for the purposes of the armed struggle and infiltrated arms into the country.  These actions were executed clearly in the furtherance of the political struggle waged by the ANC at the time.  They accordingly constitute acts associated with a political objective as envisaged in the Act.  Amnesty is accordingly hereby GRANTED to the Applicant in respect of the offences of conducting military training of MK operatives and infiltrating arms into South Africa during or about the period 1977 until 1992.

DATED AT CAPE TOWN THIS 8TH DAY OF MAY 2001

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