DECISION
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The applicant Dennis Felamandla Gumede is seeking amnesty in respect of the following offences:-
1. The murder of an African National Congress (ANC) supporter Bhekumuzi Hamilton Zondi at Greytown on the 18 th July 1991.
2. The murder of a police assistant, Ntsana Collin Tsoanyana in Durban on the 28 th October 1993.
3. Unlawful possession of a firearm and ammunition.
The committee accepts the evidence that the applicant was a member of the Inkatha Freedom Party (IFP) when the events referred to herein occurred. There is also no dispute that at the relevant time the area of KwaZulu Natal was engulfed in explicit violent conflict between the ANC and IFP organisation who were attacking each other. That is the context in which the deceased Zondi was attacked and killed by applicant and other IFP members. The applicant and his IFP comrades believed that Zondi was taking part in the attacks against IFP members and their houses.
In the premises, and having regard to the general evidence that has been led in similar other applications, we are satisfied that the killing if Zondi is an act associated with a political objective in terms of Act. The applicant has given a full disclosure of the relevant facts and has complied with the requirements of the Act.
Amnesty is accordingly GRANTED for the offence of the murder of Zondi and the unlawful possession of unlicensed firearm and ammunition.
We are however not satisfied that the killing of Tsoanyana is an act associated with a political objective. The evidence that has been led by the applicant in regard to that, shows no indication whatsoever that he had a political objective when he shot and killed the deceased in a public toilet.
Amnesty is accordingly REFUSED for the murder of Tsoanyana.
In terms of the Act, the mother of the first deceased Dumalile Andrea Zondi, is hereby declared a victim in relation to that incident. A similar declaration cannot be made in respect of the dependants of Tsoanyana, as the circumstances of the killing does not fall within the scope of the Act. There is not a breath of politics in this matter.
Signed this day .........................of................................ 1999.
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JUDGE MALL
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ADV. F. BOSMAN
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ADV N. SANDI
