: 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 matter relates to two incidents that occurred during the period 1985 - 1987 when explosions were caused at the homes of two councillors, one Matsipe alias Matike at Jabulani and an unknown councillor at Mfolo, Soweto. Applicants participated in both incidents on orders from their superiors within the South African Police.
The background to the incidents briefly is that it was necessary to cause these explosions in order to maintain the cover of certain security police agents who had infiltrated the African National Congress and were ordered to execute attacks of this nature. The explosions were authorised and planned on the basis that no loss life or injuries should result from them and that damage to property should be limited. For this purpose, the police prepared handgrenades with a diminished charge to be used in the operations. These handgrenades were caused to explode on sections of the property where damage would be limited and where no risk to life or limb would be posed by the explosions.
Having carefully considered the matter, we are satisfied that the operations constitute acts associated with a political objective in terms of the Act and that the applications comply with all of the other requirements of the Act. In the circumstances amnesty is hereby GRANTED to the Applicants in respect of all offences and delicts arising from the explosions at the properties of councillor Matsipe alias Matike at Jabulani and an unknown councillor at Mfolo, Soweto during or about 1985 - 1987.
In our opinion, the owners of the properties in question are victims in relation to the attacks for which amnesty is hereby granted and they are accordingly referred for consideration in terms of the provisions of Section 22 of the Act.
DATED AT CAPE TOWN THIS 31ST DAY OF JANUARY 2001
