DECISION
The Applicant applies for amnesty in respect of the unlawful possession of an AK47 rifle with rounds of ammunition and a revolver with four rounds of ammunition, at 82 Siluma View, Katlehong on or about 13 January 1991.
The Applicant, at the time, was a member of the African National Congress (the ANC) and the National Union of Metalworkers of South Africa (NUMSA). He was also an executive member of the Katlehong Civic Association.
During 1989 violence broke out between members of NUMSA, which was aligned to the ANC, and members of the United Workers Union of South Africa (UWUSA), which was aligned to the Inkatha Freedom Party (the IFP). This violence endured over a long period of time and resulted in several members of NUMSA being killed and injured.
A list, purportedly issued by UWUSA, containing the names of a number of NUMSA members, including that of the Applicant, who were sought in order to be killed came into the possession of NUMSA. NUMSA members then, at a mass meeting, resolved to defend themselves at all costs. Members made contributions for the purchase of firearms and firearms were duly purchased. The firearms were to be used by NUMSA members to defend themselves against attacks from UWUSA members.
The Applicant, being a member of NUMSA, was asked to store an AK47 rifle and a revolver. This he did, keeping them at his house at 82 Siluma View, Katlehong. He was found to be in possession of such firearms, together with ammunition, and was charged, convicted and sentenced to an effective term of imprisonment of five years and six months.
The conflict between NUMSA and UWUSA was a part of the politick conflict that raged between the ANC and the IFP at that time. We are satisfied that the offence committed by the Applicant in storing the said firearms and ammunition at his house was an act committed with a political objective during the course of the conflicts of the past as envisaged by the provisions of the Promotion of National Unity and Reconciliation Act, No.34 of 1995. We are also satisfied that the Applicant has made a full disclosure of all relevant facts.
The Applicant is therefore GRANTED amnesty in respect of the unlawful possession of an AK47 rifle with sixteen rounds of ammunition and a revolver with four rounds of ammunition at 82 Siluma View, Katlehong on or about 13 January 1991.
SIGNED AT CAPE TOWN THIS THE 24TH DAY OF JANUARY 2001
