AC/2001/169

      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.

MCEBO VINCENT NENE      APPLICANT

(AM5629/97)

      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") which is being decided in chambers.  The incident in question does not amount to a gross violation of human rights as defined in the Act.

Applicant states that at the time of the commission of the offence referred to herein, he was a member of Umkhonto weSizwe ("MK"), the military wing of the African National Congress ("ANC") and was acting on its orders.

Having considered Applicant's version that on 30 January 1991 at "K" Section, Umlazi, KwaZulu Natal, he attempted to rob Constable Fanlo Victor Khuluse of his firearm by pointing him with a pistol which was unlicensed, we are satisfied that his conduct constitutes an act associated with a political objective.  He indicates that the attempted robbery was part of MK's strategy to secure arms for operations of its cadres.

We accordingly GRANT him amnesty for :

(i)   attempted robbery; and

(ii)  possession of an unlicensed firearm.

DATED AT CAPE TOWN THIS 16TH DAY OF MAY 2001

DENZIL POTGIETER A-J

ADV N SANDI

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