Decisions

: DECISION

This 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 trespassing on and the surveillance of the house of Mrs Winnie Madikizela-Mandela at Soweto, by the Applicants during the period May 1991 to September 1992. As part of their official police duties as members of the Security Branch, the Applicants participated in the surveillance of the house. After information was obtained that Mrs Madikizela-Mandela was harbouring members of Umkhonto weSizwe ("MK"), the military wing of the African National congress in her house, the police decided to do a night surveillance of the property. In the course of this surveillance, the Applicants unlawfully entered the house in order to gather information relating to the alleged harbouring of MK members. At some stage, Applicants became aware of other people who were present in the house, whereupon they fled into the nearby bush where they were later collected by their colleagues.

Having carefully considered the matter, we are satisfied that the incident occurred during the course and scope of the employment of the Applicants as members of the South African Police. The matter was clearly associated with a political objective, inasmuch as Mrs Madikizela-Mandela was regarded as a political enemy by members of the erstwhile Security Police. In the circumstances, we are satisfied that the conduct of the Applicants constitute an act associated with a political objective as envisaged by Section 20 of the Act. We are also satisfied that the applications comply with all the requirements of the Act and amnesty is accordingly hereby GRANTED to the Applicants in respect of all offences and delicts arising from their unlawful entry into the house of Mrs Winnie Madikizela-Mandela at Soweto during or about May 1991 to September 1992.

DATED AT CAPE TOWN THIS 31ST DAY OF JANUARY 2001