: DECISION
This is an application 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 Applicant's activities during the 1980s as a member of the Technical Division of the Security Branch of the South African Police. The application is unopposed and the relevant facts, which are common cause, can be set out very briefly.
In the course of executing his duties and orders at the Technical Division, Applicant was instrumental in the manufacture of certain booby-trapped explosive devices which were to be utilised for covert offensive purposes by the operational units of the police. During or about the period 1985 - 1987, Applicant was involved in the manufacture of a manuscript bomb which he understood was intended to have been delivered at the address of an ANC member. He was involved in manufacturing the explosive device itself as opposed to preparing the manuscript bomb. The bomb was set to detonate once the manuscript, which was in the form of a pocket book, was opened. To Applicant's knowledge the bomb had the potential to kill the person opening the manuscript. An ANC messenger collected the bomb and was injured when the bomb exploded.
Another Amnesty Panel dealt with applications for amnesty in respect of the same incident in the matter of De Kock and 2 Others. The decision in that matter dated 1 February 2001 is before us. It captures the factual background to the incident quite comprehensively and confirms the version that the Applicant has placed before us in all material respects. We do not deem it necessary to repeat the background in this decision and approach the matter on the basis that those details should be regarded as incorporated herein.
Having carefully considered the matter, we are satisfied that Applicant's participation in the manufacture of the explosive device constitutes an act associated with a political objective as envisaged in the Act. Applicant clearly acted in support of the government in furtherance of its political struggle against the ANC and liberation movements. We are accordingly satisfied that the application complies with all of the requirements of the Act and amnesty is accordingly GRANTED to the Applicant in respect of all offences committed during or about the period 1985 - 1987.
In our opinion those persons injured in the explosion of the manuscript bomb are victims and they are accordingly referred to consideration in terms of Section 22 of the Act.
DATED AT CAPE TOWN THIS 27TH DAY OF MARCH 2001
JUDGE D POTGIETER
ADV N SANDI
MR I LAX
