AC/2001/011

TRUTH AND RECONCILIATION COMMISSION

The applicant applies for amnesty in respect of the unlawful possession of a firearm and ammunition.

The applicant was a member of the African National Congress Youth League and also of a Self Defence Unit. On 18 April 1994 he was arrested for being in the unlawful possession of a 9 mm pistol together with ammunition. He was subsequently charged, convicted and sentenced to undergo a term of four years imprisonment.

The applicant states that he was arrested immediately after having purchased the firearm and that he purchased it in order to protect his community from attacks by supporters of the Inkatha Freedom Party and other organisations who were not in favour of the general elections which were to take place on 27 April 1994. He was particularly concerned as supporters of the IFP were threatening to retaliate after the Shell House Massacre.

We are satisfied that the applicant has made a full disclosure of the relevant facts and that the offence was an act committed with a political objective as envisaged by the provisions of Section 20 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995.

In the circumstances, the applicant is GRANTED amnesty in respect of the unlawful possession of a 9mm pistol and ammunition which offence was committed at Rivonia on 19 April 1994.

SIGNED AT CAPE TOWN ON THIS THE 23RD DAY OF JANUARY 2001.

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