AC/97/0064

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO. 34 OF 1995.

LEBOHANG JOHN MAY 1ST APPLICANT

(AM 0180/96)

VELILE WILLIAM MXHOSANA 2ND APPLICANT

(AM 0118/96)

DECISION

This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act. The applicants are Lebohang John May and Velile William Mxhosana.

The conviction and sentence arouse out of an incident which occurred in Bloemfontein on or about 14 December 1991. The applicants were members of the Pan Africanist Congress and its military wing, Azanian Peoples' Liberation Army (APLA). At the date of the hearing of this application, the applicants had already served their terms of imprisonment.

On the day in question the applicants took part in the planning and attack on Batho police station in Bloemfontein. As a result of the said attack Constable Makoloi, a member of the South African Police was injured and damage was caused to the building and to State property.

Having regard to all the evidence presented before the Committee, we are satisfied that the applicants have complied with Section 20(1) of the Act. They are ACCORDINGLY GRANTED AMNESTY for the following offences:

1. Attempted murder of Constable Makoloi;

2. Malicious damage to property;

3. Illegal possession of machine guns in contravention of Section 32(1)(a) of Act 75 of 1969;

4. Illegal possession of hand grenades in contravention of Section 32(1)(b) of Act 75 of 1969; and

5. Illegal possession of machine gun ammunition in contravention of Section 32(1)(e) of Act 75 of 1969.

DATED AT CAPE TOWN THIS 27TH DAY OF OCTOBER 1997.

JUDGE H. MALL:

MS. S. KHAMPEPE:

ADV. N. SANDI:

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