AC/2001/205

      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.

MXOLISI EDWARD PETANE   APPLICANT

(AM7292/97)

                                                                                                   DECISION

The Applicant was charged with and convicted of terrorism on 10 December 1987.  He served his long term of imprisonment at Robben Island until he was released on 11 May 1991 in terms of the Indemnity Act.  At the time of the commission of the said offence he was a trained cadre of Umkhonto eSizwe ("MK"), the military wing of the African National Congress ("ANC").  No person was injured or killed as a result of the actions of the Applicant.

After carefully considering the matter and all the information before the Committee, we are satisfied that the Applicant has complied with the requirements of the Act.  We accept that at the relevant time he was a member of a publicly known political organisation, the ANC, which was waging an armed struggle against the previous government.  We also accept that he has made a full disclosure of the relevant facts.

In the result the Applicant is GRANTED amnesty for terrorism and for any offence or omission in terms of the Terrorism Act.

DATED AT CAPE TOWN THIS 30TH DAY OF MAY 2001

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