AC/99/0199

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO.34 OF 1995.

AHMED MOHAMED KATHRADA APPLICANT

(AM 6240/97)

DECISION

On the 9th of May 1997 the Truth and Reconciliation Desk of the ANC submitted a number of applications for Amnesty Committee, requesting the Committee to consider them jointly.

A declaration (hereinafter referred to as "the Declaration") was submitted in support of the Application and the Declaration in turn formed the basis of the applications.

The Declaration made it clear that the applicants were members and leaders of the ANC who collectively took responsibility for policy decisions that led to cadres committing human rights violations. In further exchange of communications it was made clear that none of the Applicants had been involved in any individual action for which they would be required to seek amnesty.

The Committee found out that whereas an act, omission or offence must be the subject matter of an application and in the instance no such act, omission of offence had been disclosed, the applications did not comply with the requirements of the Act.

The Amnesty Committee further received a large number of applications that relied on the Declaration and of which the Declaration forms the basis, but which applications the Amnesty Committee considered separately from those referred to above which were submitted by the ANC Truth and Reconciliation Desk. All of these were from members and leaders of the ANC who similarly accepted collective responsibility, of which this present application is one.

The applicant in this instance has disclosed the acts for which he was convicted of charges of sabotage and sentenced to life imprisonment on June 12, 1964 for which he is hereby GRANTED amnesty.

No amnesty, as in the other matters referred to above, can however, be considered for the applicant's acceptance of collective responsibility for acts of which he does not have knowledge or has disclosed.

SIGNED ON THE 24TH DAY OF MAY 1999.

JUDGE S KHAMPEPE

JUDGE S M MILLER

MR W C MALAN