DECISION
The Applicant makes application for amnesty in terms of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act") in respect of the unlawful possession of a firearm and housebreaking with intent to steal.
The Applicant was a member of the Self Defence Unit ("SDU") in Thokoza. During 1993, he was issued with 2 x AK47 assault rifles and ammunition which were unlicensed. On the orders of his commander, he held these on behalf of the SDU. It is well known that SUDs were established to help defend the residents of Thokoza from political attacks. The confrontation at the time was between members of the African National Congress ("ANC") and members of the Inkatha Freedom Party ("IFP").
We are satisfied that Applicant's conduct in unlawfully possessing the arms and ammunition in question constitutes an act associated with a political objective as envisaged in the Act and that the application, in this regard, complies with all of the other requirements of the Act.
The housebreaking incident occurred during 1994 after a truce was called in the conflict. As part of the efforts to restore order in the townships, members of the SDUs engaged in an official clean-up campaign of the area. Yards and abandoned homes were cleaned to prepare for the return of the inhabitants who had fled the conflict. It was in the course of these activities that Applicant was arrested and charged with housebreaking with the intent to steal. It is clear that Applicant's actions did not constitute an offence and accordingly fail to comply with the requirements of the Act. In any event, should Applicant have committed the offence, it would obviously not have been associated with a political objective as envisaged in the Act.
In the result amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from the unlawful possession of 2 x AK47 assault rifles and ammunition at Thokoza, Gauteng during 1993.
Amnesty is REFUSED in respect of housebreaking with the intent to steal as detailed above.
SIGNED AT CAPE TOWN ON THIS 31ST DAY OF MAY 2001
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