DECISION
Applicants is currently a member of the South African National Defence Force and a former member of Umkhonto weSizwe (MK), the military wing of the African National Congress (ANC), of which he was cadre at the time of the commission of the offence referred to herein.
The application arises out of the events of the 28 April 1994 when the first democratic non-racial elections were held in the Republic of South Africa.
Applicant states that on that day whilst himself and other MK members were at Duncan Village in East London, they received a message that South African Defence Force (SADF) members were interfering with ballot boxes. He took with him a machine gun and a hand grenade and they all made their way to the Duncan Village City Complex where Duncan Village residents were casting their votes. Their aim was to prevent SADF members from opening the boxes and thus jeopardise the chance of his political party, the ANC, winning the elections. He also says they had to defend themselves if attacked by SADF members, but they were not going to initiate a confrontation.
On applicant's arrival at the scene, the machine gun was taken by his MK Unit commander, Cyril Groep, who ran when the police arrived. Applicant was arrested and charged by members of the South African Police for unlawful possession of a hand grenade, an offence for which he was subsequently convicted and sentenced to five (5) years imprisonment.
Considering the circumstances in which the offence was committed we are satisfied that applicant is entitled to amnesty. He has given a full disclosure and the offence in question is an act associated with a political objective in terms of the Act. He has also complied with the requirements of the Act.
Amnesty is accordingly GRANTED for unlawful possession of a hand grenade.
SIGNED ON THE 25 DAY OF MAY 1999.
