AC/99/0351

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.

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SIBAKHULU MQALO APPLICANT

(AM 6156/97)

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DECISION

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The applicant is currently serving a long term of imprisonment, having been convicted and sentenced at the Zwelitsha Regional Court (Case No. 210/94) on the 6 march 1996 for Malicious Injury to Property. At the time of the incident on the 3rd February 1992 the applicant resided at Balasi Village, Bisho, in the Eastern Cape and was a supporter of the African National Congress, albeit holding no position. He was also a member of the ANC Youth League and the United Democratic Front ("UDF") which was still in existence at the time. The facts of the matter, briefly stated, are as follows. As part of the strategy of exerting political pressure on the government of the day, UDF/ANC supporters called for a consumer boycott of white-owned businesses. They also complained about an increase in prices. During the course of the consumer boycott, white-owned commercial vehicles entering the Black townships in the King William's Town - East London area were attacked and burnt. On the day in question the applicant and a group of UDF/ANC supporters at Balasi Village burnt a delivery vehicle of City Furnishers. Neither William Hans nor Solomon Swartbooi who were City Furnishers employees were injured. The applicant was the only person to be arrested and charged for the incident.

After considering the information available and evidence in the matter, we are satisfied that the applicant committed "an act associated with a political objective". He has complied with the requirements of the Act and appears to have given a full disclosure of all the relevant facts. Our view in the matter is fortified by the contents of the statement by William Hans and a sworn affidavit by Situtu jack. They both corroborate the averments of the applicant and the context in which the incident occurred.

Amnesty is accordingly GRANTED for Malicious Injury to Property.

SIGNED AT ...................... THIS ..... DAY OF ............ 19....

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