AC/2001/144

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.

MZWAKHE PHILEMON MNDEBELE APPLICANT

(AM5485/97)

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DECISION

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Applicant was granted amnesty on 18 November 1998 in respect of the unlawful possession of a firearm. It has now been brought to the Committee's attention that reference is made in what appears to be an annexure to the amnesty application to offences of public violence apparently committed by the Applicant. Indications are that the Applicant was tried and acquitted on these charges.

No reference had been made in correspondence between Applicant and the Committee to the issue of public violence. Applicant, in fact, furnished further particulars and corroboration in regard to the unlawful possession of a firearm of which he was convicted. Subsequent attempts to elicit further particulars concerning the incidents of public violence had been unsuccessful. Attempts to locate Applicant have also failed.

The matter must now be finalised on the basis that Applicant actually intended to also apply for amnesty in respect of public violence. Very scant information has been placed before the Committee concerning this offence. It is impossible to determine on the available information whether the offence was associated with a political objective and whether the application complies with the other requirements of the Act.

In the circumstances Applicant has failed to make a full disclosure of all relevant facts and the application is therefore REFUSED.

DATED AT CAPE TOWN THIS DAY OF 2001.

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