DECISION
It is well know that during the decade of the 1980's there was wide spread discord in South Africa. In 1985, the town of Uitenhage, Eastern Cape experienced the discord on a large scale. The situation was caused largely by political issues and based on the policy of apartheid. The society was polarised and was based on racial and class lines. This resulted in many people being oppressed and lead to them confronting the issues in many different ways.
It is also known that a number of Liberation Movements came into existence to marshall the opposition to the Apartheid Policy. One of these movements was the African National Congress. With time, this organisation formed a Military Wing to fight the policy of apartheid and its machinery. Part of its strategy was to encourage people to follow its policy. This developed to the stage when violence was resorted to in certain respects in the fight against apartheid.
This activity of violent confrontation tool many forms including attacks by members of the oppressed people's against apartheid and so forth.
As a result the security forces of the day employed various strategies including the employment of informers who would cause the arrest, detention or the demise of certain anti-apartheid activists. They were seen as supporting the apartheid system and the apartheid regime. Consequently these informers were targeted as they were seen as obstacles to the aims and objectives of those seeking a political solution to the country's problems and a life without apartheid.
These informers were dealt with severely. Even those who were suspected of being informers of the security forces were burnt with petrol and a tyre being put around the body. This came to be known as the 'necklace' method of killing.
During 1985, a group of people in Uitenhage, sympathetic to the cause of the anti-apartheid forces and victims of the apartheid system themselves embarked on the venture of dealing with informers and indeed any person who collaborated with the apartheid regime in a manner as described above. The applicant was a member of the group which was known as the 'Action Committee' or the Actionery Committee as he referred to it. The applicant was convicted of the murders of Thando Dladla in September 1987, of Monwabisi Reginald Fanayo in February 1988 and Thozamile Michael Dondache in March 1988. He is presently serving a long-term prison sentence for these offenses.
The applicant knew what the intention of the group was which he willingly joined. The only ventures of this group was to deal with people who assisted the apartheid regime in any way whatsoever.
The applicant now applies for amnesty in respect of these offenses and testified at the hearing of his application.
He said that he actually participated in the killing of Dladla and Dondashe. he further testified that while he did not actually participate in the killing of Fanayo, he accepted criminal liability for that murder because he knew of it associated therewith and that the offence was committed by the action committee because the deceased was regarded as collaborating with the apartheid regime. He therefore accepted liability for the killing of Dondashe, Dladla and Fanayo.
He said further that the general activities of the group were first approved of at a public community meeting. Indeed a letter from and on behalf of the Uitenhage branch of the African National Congress supports the application. It seems that it is accepted that whatever the applicant did and supported in respect of the group activities was done in the interest of the community oppressed by the Apartheid System.
We are therefore satisfied that the incidents were of a political nature and that the occurred as described. It is noteworthy that the families of the three deceased were present at the hearing and were afforded an opportunity to dispute anything they wanted to. They also knew they could approach the evidence leader in the that regard. Significantly there was no opposition to the application and we are satisfied that the requirements of the relevant provisions of Act 34 of 1995 have been complied with.
In the result it is ordered that:
1. Amnesty be GRANTED to the applicant for killings of Thando Dladla, Monwabisi Reginal Fanayo and Thozamile Michael Dondashe who were all of Uitenhage, Eastern Cape;
2. The matter is also referred to the committee on Reparation and Rehabilitation for consideration in respect of the following possible victims:
a) Mrs Rosy Nomfusi Dlala
b) Ms Thozama Dyantyie
c) Mrs Thozama Fanayo
SIGNED ON THIS THE 21ST DAY OF JULY 1998.
JUDGE R PILLAY
ADV D POYGIETER SC
MR JB SIBANYONI
