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 and relates to various activities in which the Applicant engaged as a leader of a right-wing organisation during the apartheid years. The specific incidents are referred to by the Applicant in an annexure to his amnesty application dated 20 September 1997. The Applicant also testified at the re-hearing of the amnesty application of Mr D.P. Botha which occurred on 12 - 13 December 2000 pursuant to a successful application to review an earlier decision of the Amnesty Committee refusing the application in greater detail in his evidence.
The Applicant basically refers to the following incidents for which amnesty is sought. Applicant received indemnity for certain other incidents also listed in the application, which we will not deal with.
1. ATTACK ON THE BRITISH EMBASSY, PRETORIA
This happened early in 1990. In the course of the incident the old Transvaal flag was displayed, graffiti announcing a Boer liberation struggle and insulting the then British Prime Minister, Mrs Margaret Thatcher, was painted on the building and shots fired at the building with a shotgun. Applicant committed these acts on his own as part of attempts to encourage a right-wing uprising against the then South African government.
2. INCITEMENT TO ATTACK THE ANC
During 1990 Applicant went into hiding to evade arrest. The police launched an intensive manhunt for Applicant and a reward of R50 000,00 was issued for information leading to Applicant's arrest. Since Applicant realised that the ANC was likely to assume control of the government, he issued a media release during April 1990 announcing the commencement of a right-wing counter-revolution and encouraged his followers to "now...go for the throat of the ANC". Applicant was never charged nor did he receive indemnity for his conduct.
3. VIDEO RECORDING ENCOURAGING THE OVERTHROW OF THE GOVERNMENT
During the period while Applicant was still in hiding he arranged for a video message to be recorded during June 1990 for distribution among his followers. He stage-managed a meeting of masked persons, two of whom were acting as armed guards, for the purpose of the recording. None of these persons knew beforehand that they would be participating in the recording of a propaganda video. In the recording Applicant encouraged the overthrow of the then government and basically called upon his followers to commence a liberation struggle and take up arms. He also branded the African National Congress ("ANC"), the South African Communist party ("SACP") and their followers as the enemy.
Pursuant to the distribution of the video, the reward of R50000,00 referred to above was issued. Charges of treason were also being investigated against Applicant. All the persons who participated in recording the video were granted indemnity. In accordance with a letter dated 16 September 1991 from the indemnity office addressed to Applicant's attorneys, Applicant appears to have also been granted indemnity for the offences resulting from the recording. He, however, includes this matter among those for which he is seeking amnesty.
Having carefully considered the matter, we are now satisfied that the application complies with all of the requirements of the Act. The incidents in question clearly constitute acts 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 which directly resulted from the following incidents:
1. Attack upon the British Embassy, Arcadia, Pretoria, during or about 1990;
2. incitement to attack the ANC during or about April 1990 published in media reports in various parts of the country;
3. incitement to overthrow the government and commit violence contained in a video recording produced during or about June 1990 and distributed in various part of the country.
In view of the lack of particularity in this regard, no victim finding are made at this stage.