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 is being decided in chambers. The incidents forming the subject matter of the application occurred during or about the period 1990 - 1992. At all material times, Applicant was a member of the Inkatha Freedom Party ("IFP"). The specific incidents will now be dealt with separately.
DISTRIBUTION OF ARMS
The particular circumstances relating to this issue can be dealt with succinctly as follows. During the period in question, Applicant made contact with a high-ranking IFP leader, one Themba Khoza and assisted the latter in obtaining and distributing arms and ammunition to be utilised by members and supporters of the IFP. Indications are that the items in question were obtained from members of the Security Forces. It is clear from the facts set out in Applicant's written application, that he had received payment in varying amounts for his participation in these activities. Applicant obviously acted for personal gain in this regard.
In the circumstances the application does not comply with the requirements of the Act and amnesty is accordingly REFUSED.
HANDGRENADE INCIDENT
This incident occurred during or about 1990. A few days prior to the incident, an IFP member was killed during an attack upon members of the African National Congress ("ANC") in Alexandra township. The area in question was plagued at the time by an ongoing violent political conflict involving the IFP and ANC. Subsequent to the incident, Applicant approached one of his friends, Mazibuku at Mrafi Hostel at Alexandra and asked the latter to arrange for some IFP members whom Applicant could train to use handgrenades. At approximately 19H00 the following evening, Applicant proceeded to Mrafi Hostel where he found 5 persons who were unknown to him and who had to receive the training as arranged with Mazibuku. Upon enquiring from Mazibuku where the handgrenades would be thrown, Applicant was informed that this could be done on the other side of the railway line where the Jabulani informal settlement is situated. This area was occupied by members and supporters of the ANC. After Mazibuku gave everyone present a handgrenade, Applicant explained how it is used whereafter they proceeded in the direction of Jabulani informal settlement. On their way, they were disturbed by barking dogs and they decided to throw the handgrenades before having reached their destination. They all threw the handgrenades in the direction of the informal settlement whereafter they ran back to the hostel. As they were running away they heard some explosions coming from the direction where they had thrown the handgrenades. The following day, Applicant was informed by one of his colleagues that some of the handgrenades never exploded. Applicant accepted this because he was not sure whether some of the trainees had actually removed the pins of the handgrenades prior to throwing them. There was no indication of any injuries or damage resulting from the incident.
Having considered the matter, we are satisfied that the incident is directly related to the past political conflict involving members and supporters of the IFP and ANC. We are accordingly satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act. In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences and delicts directly resulting from Applicant's conduct during or about 1990 at or near Jabulani informal settlement, Alexandra in giving training to persons in the use of handgrenades and throwing and detonating handgrenades.
DATED AT CAPE TOWN THIS 30TH DAY OF MAY 2001
??
2
/...
/...
