AC/98/0082

AC/98/0082

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.

GERT LOUIS STEPHAUS VAN HUYSTEEN 1ST APPLICANT

(AM 7849/97)

MAGEZI SAMSON NDABA 2ND APPLICANT

(AM 7886/97)

DECISION

The Committee after considering the application, the relevant documentation and the evidence, is satisfied that :

a) the application complies with the requirements of Act 34 of 1995;

b) the acts, omission or offences to which the application relates are acts associated with a political objective committed in the course of the conflicts of the past;

c) that the relevant facts relating to the particular offences have been disclosed;

d) that the offence does not constitute a gross violation of human rights.

Amnesty is therefore GRANTED in respect of the following offences :

1. conspiring to prevent the film "Cry Freedom" to be shown to the public in The King's Bioscope in Alexandra;

2. malicious damage to property in respect of damaged caused by explosives used at The King's Bioscope in Alexandra towards the end of July 1988;

3. and the following offences in so far as they relate and are connected with the explosion at the King's Bioscope during July 1988 :

a) defeating the ends of justice;

b) contravening sections 2, 28, 29, 32, 36 and 39 of the Arms and Ammunition Act 75 of 1969;

c) contravening section 2 of the Dangerous Weapons Act 71 of 1968;

d) contravening sections 3, 4, 5, 6, 9 and 27 of the Explosives Act 26 of 1956.

SIGNED ON THE 2^ND DAY OF NOVEMBER 1998.