The applicant seeks amnesty in terms of section 18 of the Promotion of National Unity Act No. 34 of 1995 as amended. He was convicted of public violence by the Rustenburg Court and on the 29th of July 1994 he was sentenced to nine (9) years imprisonment whereby two (2) years were suspended for five (5) years on certain conditions.
He is a member of the ANC Youth League and at the time of the incident which lead to his conviction, he was the treasurer. What gave rise to the incident is that a certain Mr. Jimmy Deswaye, who was previously a member of the ANC, had crossed the floor and joined the NP and failed and/or refused to return the ANC financial statements or books.
In an ANC meeting held on the 8th of August 1993 a decision was taken that all present at the meeting should march to Mr. Deswaye's house and demand that the documents are handed over by Mr. Deswaye. When the crowd arrived at the house and the applicant was speaking to Mr. Deswaye, members of the group started throwing stones at his house. Deswaye fired shots from his fire arm and killed an 8 year old boy. Members of the crowd set alight a car belonging to Mr. George Matuse.
The Committee is satisfied that the applicant is entitled to amnesty and accordingly he is
1. Public Violence which was committed at Phatisma in the Rustenburg area on the 8th of August 1993.
The Amnesty Committee finds that the following people are victims and are hereby referred to the Reparation and Rehabilitation Committee for its attention.
1. Jimmy Deswaye