decisions AMNESTY DECISIONS HENRI VAN DER WESTHUIZEN AM8079/97 GRANTED https://sabctrc.saha.org.za/hearing.php?id=59536&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2001/ac21257.htm DECISION The Applicant applies for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995 ("the Act") for the following acts, omissions or offences: The Applicant testified as follows concerning the role he played in the incidents for which he seeks amnesty: It remains to be decided whether the Applicant meets the requirements of Section 20(1) of Act 34 of 1995 as to whether "the act, omission or offence to which the application relates is an act associated with a political objective committed in the course of the conflicts of the past in accordance with the provisions of sub sections (2) and (3)." The Committee is satisfied that the offences were committed in the course of the conflicts of the past and that all the Applicant falls within the provisions of Section 20(2). The Committee, after considering the guidelines set out in Section 20(3) is further satisfied that the offences committed were associated with a political objective. In the result, amnesty is GRANTED in respect of the acts, omissions or offences referred to in paragraphs 1 to 4 above. With regard to paragraph 5, the Applicant has not disclosed any specific act or omission constituting an offence or delict for which amnesty can be considered as required by the Act and thus no amnesty is granted. The Committee is of the opinion that the persons who were injured and the relatives and dependants of the deceased persons are victims and they are referred to the Reparation and Rehabilitation Committee in terms of Section 22 of the Act for its consideration that the persons who were personally affected in these incidents and the dependants of the deceased be declared victims in terms of the Act. JUDGE J MOTATA MR J B SIBANYONI MR I LAX ?? /... 8 /... 9