Truth Commission Special Report
Decision - 59505

Type: AMNESTY DECISIONS
Names: JOHANNES JACOBUS GELDENHUYS
Matter: AM5461/97
Decision: REFUSED
URL: https://sabctrc.saha.org.za/hearing.php?id=59505&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21224.htm
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DECISION

This is an application in terms of the provisions of Section   18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995   ("the Act").  

The Applicant applied for amnesty in respect of a number   of incidents, most whereof had already been finalised by the Committee.  Applicant's   personal circumstances and his activities as a high-ranking member of the former   South African Defence Force had already been fully documented in previous proceedings   of the Committee and do not warrant repetition herein.

The incident forming the subject matter of the present decision   apparently occurred as part of attempts to release Charles Sebe from custody   in Ciskei on 25 September 1986.  According to the Applicant, Kwane Sebe, the   second in command of Charles Sebe, and another unknown person were "temporarily   abducted" during the evening of 24 September 1986.  This action was allegedly   a pre-requisite for the successful release of Charles Sebe.  Applicant, however,   indicates that all of the reasons for the operation are not known to him, although   he speculates that the South African government at the time must have anticipated   that Charles Sebe would eventually assume control of the government of Ciskei.

Having considered the matter, it is not clear that the incident   in question was in any way associated with the political conflict experienced   in South Africa at the time.  It is even less clear what the possible political   objective of the "temporary abduction" of the person in question could   have been.  In the circumstances, we are not satisfied that the incident constitutes   an act associated with a political objective as envisaged in the Act.   The   application accordingly fails to comply with the requirements of the Act and   amnesty is REFUSED.

DATED AT CAPE TOWN THIS 31ST DAY   OF MAY 2001

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