DECISION
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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 matter relates to an incident that occurred at approximately midnight on 25 August 1989 when shots were fired at the house of Mr Ivor Jenkins at 269 Annette van Zyl Street, Garsfontein, Pretoria. Mr Jenkins had indicated that he is not opposing the application.
The relevant facts can be set out briefly. At all material times, Applicant was a member of Unit C1 of the then South African Security Police stationed at Vlakplaas under the command of Colonel Eugene De Kock. In the course of his official duties, Applicant was ordered to participate in an operation with the objective of intimidating Mr Jenkins who was active in the campaigns being conducted by the Mass Democratic Movement at the time. In the light of his political activities, Mr Jenkins was clearly regarded as a political enemy of the then government and by the same token the security police. The political role played by the security police and in particular Vlakplaas at the time, has been amply documented and confirmed in various proceedings before the Amnesty Committee.
In execution of his orders, Applicant fired various shots at the house of Mr Jenkins at approximately midnight when the occupants were expected to be asleep. Applicant's orders were explicitly to aim the shots at such a height that no risk would be posed to life or limb inside the house. The intention of the operation as well as Applicant's orders were clearly not to kill or harm any of the occupants of the house. The shots fired by Applicant were accordingly harmless. According to the contents of a statement furnished to the Committee by Mr Jenkins, the family left the house earlier that evening after having received various threats. They were spending the night at the home of a friend. At the time of the incident, none of the family members were present inside the house. They were notified of an incident at the house during the early hours of the morning when they found upon inspection that shots were fired at the house earlier that evening.
Having considered the matter, we are satisfied that the incident is clearly associated with a political objective. The facts are largely common cause and there can be no doubt that Applicant has made a full disclosure as required by the Act. In the circumstances, amnesty if hereby GRANTED to Applicant in respect of all offences and delicts arising from the shooting incident at the house of Mr Ivor Jenkins situated at 269 Annette van Zyl Street, Garsfontein, Pretoria on or about 25 August 1989.
DATED AT CAPE TOWN THIS 12TH DAY OF JANUARY 2001.
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