AC/2001/012

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.

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DEAN ANTHONY BUCHANNAN STUART APPLICANT

(AM 4357/96)

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DECISION

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The application for amnesty of Dean Anthony Buchannan Stuart (applicant).

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 matter relates to the activities of Applicant during or about the period January 1982 to October 1988 when he covertly gathered intelligence for the banned African National Congress and its military wing, Umkhonto weSizwe as a member of the South African Defence Force.

After having completed his basic military training Applicant was recruited as an MK agent in November 1981 by Dr. Rocky Williams, a commander in the Intelligence Division of MK at the time. In execution of his orders, Applicant terminated his studies at the University of the Witwatersrand and joined the SADF Permanent Force during 1982. He remained a permanent member of the SADF until October 1988 when he resigned due to the fact that his contact with MK was terminated subsequent to the arrest of Dr Williams during 1986.

Throughout the period of his permanent membership of the SADF, Applicant furnished MK with intelligence reports concerning various activities and aspects of the SADF necessary to promote the armed struggle against the incumbent government.

Applicant's MK membership and activities were confirmed in a statement which Dr Williams furnished to the Amnesty Committee. Having carefully considered the matter, we are satisfied that Applicant's actions constitute acts associated with a political objective as envisaged in Section 20 of the Act. We are, moreover, satisfied that Applicant has made a full disclosure of all relevant facts and that the application accordingly complies with all of the requirements of the Act.

Amnesty is accordingly GRANTED to Applicant for all offences or delicts flowing from his activities as an agent of the ANC and MK during his tenure as a permanent force member of the SADF during or about the period January 1982 to October 1988.

DATED AT CAPE TOWN ON THE _____ DAY OF __________ 2001.

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