DECISION
The Applicant applied for amnesty in respect of his role in two incidents which took place during approximately August to December 1986, in Johannesburg. In essence there are three acts he applies for.
The Applicant was at all material times a member of the South African Defence Force, serving at Witwatersrand Command, and he acted in such capacity. He says that he acted under orders that he believed were justified as the persons or organisations against who he acted were engaged in unlawful anti-government activities.
In the first act the Applicant participated in an operation to cause damage by starting a fire at a house apparently used by ANC elements to print and distribute pamphlets, situated somewhere between Linksfield Clinic and Louis Botha Avenue, in Johannesburg.
In the second act the Applicant participated in an operation to cause damage to the vehicle and property of a group of actors connected to the End Conscription Campaign. The vehicle and property were situated near Witwatersrand University at the time of the incident.
In the third act the Applicant participated in assaults on the members of the group whose vehicle and property were damaged. This took place after the Applicant and his co-perpetrators had damaged the vehicle and property and had returned to their vehicle. The Applicant says in his statement supplementing his application that he had not received instructions to do this and had not anticipated this aspect. This aspect does not therefore fall within even his notion of what he may have been authorised to do and accordingly amnesty is REFUSED for this.
We are satisfied that the other actions of the Applicant fall within the ambit of Section 20(1) of Act 34 of 1995 in that "the act, omission or offence to which the application relates is an act associated with a political objective committed in the course of the conflicts of the past in accordance with the provisions of sub-sections (2) and (3)."
In the result amnesty is GRANTED in respect of those actions.
SIGNED AT CAPE TOWN THIS DAY OF 2001
DENZIL POTGIETER A-J
ADV F BOSMAN
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