AC/99/0315

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.

PATRICK BONGINKOSI MABASO APPLICANT

(AM 2906/96)

DECISION

The abovenamed applicant applies for amnesty in respect of his conviction in the then Stanger Regional Court on 2 December 1993, in terms of Act 75 of 1969, for the unlawful possession of 1 AK47 automatic rifle, 4 F1 hand grenades, 2 AK47 magazines, 1 Makarov pistol magazine and sundry ammunition. The applicant was sentenced to an effective 5 year period of imprisonment which he has completed.

The applicant was at the time of the commission of the offence chairperson of the African National Congress (ANC) Youth League at Enkukhwini informal settlement in the Groutville area near Stanger. He alleges that as a consequence of the ongoing political violence between members of the ANC and the Inkatha Freedom Party (IFP) in the area he had been obliged to obtain the weapons in question for use of the Self Defence Unit under his control. He was found to be in possession of these weapons and was charged and convicted.

It is clear from the investigations conducted by the investigative unit of the Truth Commission that the allegations by the applicant are confirmed.

Accordingly the application complies with Section 20 (1) of Act 34 of 1995 and amnesty is accordingly GRANTED to the applicant in respect of the above conviction.

SIGNED AT CAPE TOWN THIS THE DAY OF 1999