The applicant makes an application in terms of Act 34 of 1995 as amended ("the Act") in respect of offences committed before, during and after an attack on what was known as the anti-insurgency temporary base at Tonga, KwaZulu-Natal during 1982.
The applicant was a member of the African National Congress (ANC) and its military wing uMkhonto weSizwe (MK). That the ANC was in military conflict with the then South African Government is well documented. This fact was not contradicted or challenged during this hearing. Furthermore MK operated from outside South Africa and conducted an armed struggle against the then State. Much of the attacks were directed at military targets. The latter however also took steps to counter MK operations.
In the result, amnesty is GRANTED to the applicant in respect of:-
(a) Attempted murder in respect of an undetermined number of persons;
(b) The unlawful possession of explosives in contravention of the Explosives Act;
(c) The unlawful possession of firearms and ammunition utilised during the operations for which amnesty is sought;
(d) Malicious Injury to Property; and
(e) Any other offence(s) which may have resulted from the attack on the aforementioned incident during 1982.