decisions AMNESTY DECISIONS MAYNARD KHANDIZWE NHLABATHI AM 6485/97 GRANTED/REFUSED https://sabctrc.saha.org.za/hearing.php?id=59276&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2000/ac20243.htm 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"). Although the amnesty application form itself only refers to one incident, namely "mob-rioting" during 1978 at Johannesburg, the Applicant added further incidents in a letter addressed to the Amnesty Committee dated 8th January 1997 which refers to the following incidents: 1. Unlawful carrying of passengers (Piet Retief) -fined R100.00 2. Possession of stolen property - fined +/- R60.00 3. Mob-rioting in Johannesburg (sentenced to 4 years) 4. Helping freedom-fighters crossing into South Africa from Swaziland (1984 - 1990)" We approach the application on the basis that the original application form has been amplified to the extent of the further incidents added in the letter of 8 January 1997. In view of certain discrepancies between the Applicant's record of previous convictions and the particulars in respect of the further incidents, Applicant was called upon to clarify the discrepancies identified in a letter dated 4 August 2000. After some delay Applicant telefaxed a response to the Committee on 28 September 2000. The further particulars have not clarified the uncertainty surrounding the exact nature of the offences in question. The Applicant in fact joined issue with the content of his record of previous convictions. He argued that the police purposely made these previous convictions appear as common crimes. The only explanation proferred by the Applicant in this regard is his allegation that the police described the offences in such a way as to suit their purposes. We are not persuaded that there is any merit in this argument. It is clear that the offences reflected on Applicant's record of previous convictions, were committed prior to his establishing ties with the African National Congress outside South Africa. It was only subsequent to this stage that the only offence, patently associated with a political objective, namely transporting ANC freedom fighters into South Africa, was committed. Having carefully considered the matter, we are not satisfied that the following offences constitute acts associated with a political objective as envisaged in Section 22 of the Act: 1. Unlawful carrying of passengers at Piet Retief; 2. Possession of stolen property; 3. Mob-rioting in Johannesburg. Amnesty is accordingly REFUSED in respect of these incidents. We are satisfied that Applicant's conduct in assisting freedom fighters to enter South Africa from Swaziland constitutes an act associated with a political objective. Amnesty is accordingly GRANTED to the Applicant in respect of all offences arising from these activities which occurred during the period 1984 - 1990. DATED AT CAPE TOWN THIS DAY OF 2000.