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"). Applicant had applied for amnesty in respect of a number of incidents, most whereof had already been finalised. Applicant's personal circumstances and activities as a member of the Security Branch of the then South African Police are fully canvassed in the matters already finalised and do not warrant repetition. The remaining incidents, which will be set out separately, forming the subject matter of the present decision, are being dealt with in chambers, since they do not involve any gross violations of human rights as envisaged in the Act.
CONTRAVENTIONS OF THE ARMS AND AMMUNITION ACT
These offences were committed during or about 1987 at Durban when Applicant was a senior officer attached to the Security Branch, Port Natal. At the time, there was a significant increase in the volume of attacks launched in the Natal region by operatives of the African National Congress ("ANC") operating from Swaziland.
Applicant was of the view that the only way of effectively combatting these attacks was by means of cross-border operations of the South African Security Forces. In preparation for such operations, Applicant arranged with members of the Special Forces of the then South African Army to acquire weapons which could be fitted with silencers. Applicant eventually received three pistols as well as approximately two silencers which could be fitted to AK47 assault rifles. He handed the items to one of his subordinates for safekeeping. There is no indication that any of the items were used in actual operations.
Having considered the matter, we are satisfied that the incident was directly associated with the then political conflict involving the government of the day and the liberation movements. In the circumstances, the incident constitutes an act associated with a political objective as envisaged in the Act and amnesty is accordingly hereby GRANTED to the Applicant in respect of all offences directly resulting from the acquisition of silencers and pistols intended for cross-border operations against ANC forces in Swaziland as detailed above.
TAMPERING WITH WEAPONS
These incidents occurred during or about the period May 1986 until the end of 1989 in Natal. At the time, large scale damage was well as deaths and injuries resulted from the increased activity of ANC operatives in Natal. In the course of the investigations of members of the Natal Security Branch information was obtained of various arms caches established by ANC operatives. In an attempt to counter the activities of ANC operatives, Applicant authorised the following modifications to items forming part of the arms caches:
1. the firing-pins of weapons were modified so as either to render the weapon useless or to lead to injuries to someone attempting to fire shots with the firearm;
2. the gunpowder was removed from ammunition and replaced with sawdust to prevent the ammunition from being used and in other instances it was replaced with high charges of explosives which would result in the injury of a person attempting to use the ammunition;
3. the explosive charges of explosive devices were decreased and substituted with gypsum or plaster of Paris and the timing mechanism adjusted to cause an immediate explosion should the device be detonated thus causing injury to the person attempting to use the device;
4. the detonators of handgrenades were adjusted in order to cause injuries or the death of a person using them.
All of these adjustments occurred after the items in question were removed from the arms caches and taken to the technical division of the police at Pretoria. Once these adjustments were complete, the items were returned to the arms caches in question. To Applicant's knowledge, no-one was killed or injured as a result of the adjusted weaponry.
Having considered the matter, we are satisfied that the incident was directly associated with the then political conflict and as such constitutes aan act associated with a political objective as envisaged in the Act. We are also satisfied that the application complies with all the other requirements of the Act and in the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from the adjustment of various items of weaponry in ANC arms caches as detailed above, during or about the period May 1986 until the end of 1989 at Natal.
DATED AT CAPE TOWN THIS 31ST DAY OF MAY 2001
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