Truth Commission Special Report
Decision - 59501

Type: AMNESTY DECISIONS
Starting Date: 31 May 2001
Location: CAPE TOWN 
Names: PATRICK MOLOPYANE SEEPE
Matter: AM7157/97
Decision: GRANTED/REFUSED
URL: https://sabctrc.saha.org.za/hearing.php?id=59501&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21220.htm
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DECISION

The Applicant makes application   for amnesty in terms of the Promotion of National Unity and Reconciliation Act,   No. 34 of 1995 ("the Act") in respect of the unlawful possession of   a firearm and housebreaking with intent to steal.

The Applicant was a member of the Self Defence Unit ("SDU")   in Thokoza.  During 1993, he was issued with 2 x AK47 assault rifles and ammunition   which were unlicensed.  On the orders of his commander, he held these on behalf   of the SDU.  It is well known that SUDs were established to help defend the   residents of Thokoza from political attacks.  The confrontation at the time   was between members of the African National Congress ("ANC") and members   of the Inkatha Freedom Party ("IFP").

We are satisfied that Applicant's   conduct in unlawfully possessing the arms and ammunition in question constitutes   an act associated with a political objective as envisaged in the Act and that   the application, in this regard, complies with all of the other requirements   of the Act.

The housebreaking incident occurred during 1994 after a   truce was called in the conflict.  As part of the efforts to restore order in   the townships, members of the SDUs engaged in an official clean-up campaign   of the area.  Yards and abandoned homes were cleaned to prepare for the return   of the inhabitants who had fled the conflict.  It was in the course of these   activities that Applicant was arrested and charged with housebreaking with the   intent to steal.  It is clear that Applicant's actions did not constitute an   offence and accordingly fail to comply with the requirements of the Act.  In   any event, should Applicant have committed the offence, it would obviously not   have been associated with a political objective as envisaged in the Act.

In the result amnesty is hereby   GRANTED to the Applicant in respect of all offences directly resulting from   the unlawful possession of 2 x AK47 assault rifles and ammunition at Thokoza,   Gauteng during 1993.

Amnesty is REFUSED in respect   of housebreaking with the intent to steal as detailed above.

SIGNED AT CAPE TOWN ON THIS 31ST   DAY OF MAY 2001

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