AC/2001/016

TRUTH AND RECONCILIATION COMMISSION

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"). The Committee has experienced considerable difficulty in contacting the Applicant in regard to the matter which now has to be decided on the papers before us.

According to the application form, Applicant was at all material times a member of the African National Congress ("ANC") and its military wing Umkhonto weSizwe ("MK"). He held the position of field commander. On the instructions of Mr Siphiwe Nyanda of the MK Swaziland command given to Applicant during or about May 1984, the latter committed the offence of terrorism in Johannesburg during or about 1985. He was arraigned and convicted in the Witwatersrand Local Division of the then Supreme Court of terrorism and sentenced to 5 years imprisonment on or about 22 November 1986. He served his sentence on Robben Island. The Committee's research records confirm the fact that Applicant served his sentence on Robben Island, save that he was sentenced on 22 November 1985 and was released on 21 November 1988. Not much turns on this discrepancy.

Having considered the matter, we are satisfied that the offence constitutes an act associated with a political objective as envisaged by the Act and that the application complies with all the other requirements of the Act.

Amnesty is accordingly hereby GRANTED to Applicant in respect of the offence of terrorism committed at or near Johannesburg during or about 1985.

DATED AT CAPE TOWN THIS 23RD DAY OF JANUARY 2000.

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