DECISION
The above applicant was a member of the ANC Youth League and applies for amnesty in respect of the following offences:
(a) The murder of Albert Ntema on the 11th February 1991 at Gelukwaarts, Kroonstad.
(b) The murder of Esrom Hapane on the 1st December 1990 at Daveyton.
(c) The attempted murder of Casium David Gwele on the 1st December 1990 at Daveyton.
(d) The illegal pointing of a firearm at a person.
(e) The illegal possession of a firearm.
(f) The illegal possession of ammunition.
He was also convicted of failure to attend his hearing but he is not applying for amnesty in this regard. He was sentenced to a fine of R200 or on failure to do so to 2 months imprisonment.
In respect of the murder of Mr Ntema he was sentenced to 10 years imprisonment;
in respect of the murder of Mr Hapane to 10 years imprisonment;
in respect of the attempted murder of Mr Gwele to 5 years imprisonment and;
for pointing of the firearm to one year imprisonment.
The offences of illegal possession of the firearm and ammunition carried a sentence of 6 months imprisonment.
According to the evidence before us the possession of the gun and ammunition was associated with a political objective. The same applies to the offence of pointing the firearm. The committee is also satisfied that the murder of Mr Ntema, who was a member of the Three Million Gang in Kroonstad also falls within the ambit of Act 34 of 1995.
The applicant received the firearm and ammunition from a certain comrade Victor for the purpose of the political battle in Kroonstad against the Three Million Gang.
For fuller particulars about the activities of the Three Million Gang the decisions in the applications of inter alia Petrus Thulo and Edwin Kambule can be referred to.
The killing in fact took place while he was engaged in an attack on the leader of the Self Defence Unit, Mr Machaba Petrus Thulo. The applicant acted under orders of his commander, Mr Thulo, and with the approval of his political organisation.
Amnesty is therefore
GRANTED: in respect of the offences referred to under paragraphs (a) (d) and (f) above.
Amnesty is
NOT GRANTED: in respect of his failure to attend the court hearing.
The Committee now deals with the remaining offences- the murder of Mr Hapane and the attempted murder of Mr Gwele.
The applicant did not know the victims and met them for the first time in a tavern in Daveyton on the day of the killing. He went to the Tavern in the company of a woman. At a stage the applicant became involved in an argument with the deceased who according to him, attempted to attack him with a knife. He managed to wrangle the knife from the deceased and stabbed him. In the process he also injured Mr Gwele.
The Committee finds that these offences were not shown to be associated with a political objective, were not ordered or authorised by a political organisation and do not fall within the ambit of Act 34 of 1994.
Amnesty is therefore
REFUSED: in respect of the offences mentioned under paragraphs (b) and (c) above.
SIGNED ON THE 22ND APRIL 1999.
