Truth Commission Special Report
Decision - 59411

Type: AMNESTY DECISIONS
Names: BILLY NAIR
Matter: AM 5613/97
Decision: GRANTED
URL: https://sabctrc.saha.org.za/hearing.php?id=59411&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21129.htm
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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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