DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act").
The applicant applies for amnesty in respect of the following convictions:
a) The murder of Mufumane Bernard Mathonsi ("Mathonsi");
b) The attempted robbery of the firearms of Mathonsi and Richard Mbhazima Nkuna;
c) The contraventions of Sections 2, 36 and 32(1)(b) read with Sections 1, 39 and 40 of Act 75 of 1969.
He further applies for amnesty in respect of the robbery of a firearm from Mathonsi.
All these acts or offences were committed on 11 August 1993 at or near Diepkloof, Johannesburg.
The applicant alleges that he and four other members of their SDU were patrolling in the vicinity of Mandela squatter camp when they saw two uniformed policemen. Their commander, one Winkie, ordered that they should approach the policemen in order to disarm them and take their firearms.
It is common cause that the applicant was a member of a SDU and that SDU's engaged in such activities in order to arm themselves with a view to defending their communities during the political conflict of the time.
We are therefore satisfied that the applicant complies with the requirements of Section 20(1) of the Act with regard to his convictions.
However, with regard to the act of robbery of Mathonsi's firearm, we are not satisfied that this firearm was in fact removed from Mathonsi by the applicant or his comrades. Consquently, we
REFUSE AMNESTY: for this act.
In the result,
AMNESTY IS GRANTED: in respect of the applicant's convictions in respect of
a) The murder of Mufumane Bernard Mathonsi ("Mathonsi");
b) The attempted robbery of the firearms of Mathonsi and Richard Mbhazima Nkuna;
c) The contraventions of Sections 2, 36 and 32(1)(b) read with Sections 1, 39 and 40 of Act 75 of 1969.
The Amnesty Committee is of the opinion that the relatives and dependants of the deceased Mufumane Bernard Mathonsi and Richard Mbhazima Nkuna are victims as defined in the Act and are accordingly referred to the Committee on reparation and rehabilitation for consideration as such, in terms of Section 26 of the Act.
(Signed)
JUDGE S KHAMPEPE
ADV F. BOSMAN
MR I LAX
