AC/2001/226

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.

DONALD SPENCER GOLD APPLICANT

(AM 3686/96)

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"). The application relates to an incident which occurred in the course of Applicant's duties as a member of the security police. The circumstances relating to the matter can be set out succinctly. Applicant participated in an operation to capture a known African National Congress ("ANC") operative in Swaziland. The operation was unsuccessful and the entire incident occurred within the borders of Swaziland. In view of the fact that the legal mandate of the Committee is limited to dealing with offences committed in South Africa, the incident in question falls outside the scope of the mandate of the Committee. In any event, the Applicant indicates in his amnesty application that his involvement in the incident was "not unlawful or criminal".

In the circumstances the application does not comply with the requirements of the Act and amnesty is accordingly REFUSED.

DATED AT CAPE TOWN THIS DAY OF 2001.

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