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Decisions

Type AMNESTY DECISIONS

Names M.M. MKUKWAN

Case Number AC/99/0207

Matter AM 3126/96

Decision GRANTED

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DECISION

The applicant applies in terms of Act 1995 as amended (the Act) for amnesty in respect of the following offences:

1. Murder.

2. Two counts of attempted murder.

3. Unlawful possession of a firearm.

4. Unlawful possession of ammunition.

The applicant was a card carrying member of the African National Congress ("ANC"). At the time of the commission of the offences the Applicant was residing at Ethafeni Hostel in Thembisa. At this time this hostel was occupied by the supporters of the African National Congress. The members of the Inkatha Freedom Party ("IFP") had been chased out of the hostel. They were staying in the nearby Vusumzi Hostel.

During this time there was conflict between the ANC supporters on the one hand and the security forces and the Inkatha Freedom Party on the other. The occupants of Ethafeni Hostel were under constant attack by the members of the IFP. It is against this background that the members organised themselves into Self Defence Units (SDU) in order to protect themselves.

They protected themselves by taking turns in patrolling the area around the hostel. Anyone who was not a resident of the hostel who came to the hostel and especially at night would be attacked. The applicant was equipped with a firearm and ammunition which he possessed unlawfully.

The applicant testified that the incidents he is applying for occurred between the 23rd June 1991 to 26th June 1991. The people he attacked were people whom he believed were enemies who were going to attack them. This belief was fortified becauese they were in a "no-go" area as declared by the residents of Ethafeni Hostel.

The political objective which he sought to achieve was to protect this community from what was essentially a political attack. We are satisfied that he has made a full disclosure of the events which led to the commission of the crime.

The applicant is

GRANTED: amnesty for all for which he has applied.

SIGNED THIS DAY OF

 
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