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Type AMNESTY DECISIONS
Names GLEN VILAKAZI AND 59 OTHERS
Case Number AC/99/0243
Matter AM 7730/97
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These are 60 applications for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act"), relating to the political conflict between members or supporters of the African National Congress ("ANC") and Inkatha Freedom Party ("IFP") in the East Rand, particularly in the townships of Thokoza and Katlehong during the period 1990 - 1994. Three further amnesty applications were heard by the Panel, in two instances, from Applicants who are serving prison sentences in respect of the acts forming the subject matter of their applications.
In the interests of justice, the decisions in those two matters were handed down at the conclusion of the respective hearings. Amnesty was granted to both Applicants. The third application, was that of a resident of Katlehong, and was dealt with and decided separately from this decision which relates predominantly to applications by residents of Thokoza.
The township of Thokoza is a formal residential area in that part of Gauteng Province previously referred to as the East Rand. Thokoza forms part of the sprawling Kathorus area encompassing (and being an acronym for) the adjacent townships of Katlehong, Thokoza and Vosloorus. The layout of Thokoza is roughly triangular in shape with the apex pointing in an easterly direction. At the time of the said conflict, there were 7 hostels scattered around the periphery of the township. Five of these hostels were situated along the northern periphery. Of these 3 were roughly in the vicinity of the apex (north east) and 2 in the vicinity of the base (north west) of the triangular shape. The remaining 2 hostels were situated along the southern periphery nearest to the base (south west) of the triangular shape. Thokoza was thus roughly surrounded by hostels. The southern periphery borders on Schoeman Street which is the common boundary between Thokoza and Katlehong. An informal settlement, Phola Park, developed in the vicinity of the said 2 hostels situated on the north western side of the township. Thokoza itself was divided into various sections which not only underwent a change of name but was given differing official and colloquial names. The present applications relate mainly to the Lusaka "A" and "B" sections as well as Phola Park. To complete the geographical picture it is necessary to point out that the Lusaka "A" and "B" sections are sandwiched in between other sections on the eastern side of the township.
The panel held an inspection in loco in Thokoza and had the benefit of hearing the testimony of Ms Sally Sealy and Mr Duma Nkosi in regard to the background and circumstances of the conflict in the Kathorus area during the period 1990 until a few weeks prior to the general elections on 27 April 1994. Ms Sealy was a senior researcher employed by the Independent Board of Inquiry which was established by a number of high-profile anti-apartheid organisations to investigate the situation of political conflict which prevailed in the country at the time. She was intimately involved in monitoring the conflict in Thokoza and became very well acquainted with the situation in the township. Mr Nkosi is a resident of Thokoza for very many years and is presently an ANC member of parliament. He has held various leadership positions within the ANC and community structures in Thokoza and has extensive first hand knowledge about the political conflict in Thokoza. The Panel found their testimony extremely helpful in understanding the general situation and the background to the individual amnesty applications. We now proceed to set out the general background to the applications and this conflict gleaned from these sources.
Thokoza's layout is typical of South African townships, consisting mainly of identical formal housing units constructed by the local authority mixed with a number of hostels and informal housing. The township is occupied by families and residents who have been living there for most of their lives in relative peace and harmony with their fellow residents, in particular the occupants of the hostels.
The situation, however, changed radically during 1990. This followed the changes which were taking place in the political arena at the time, particularly the unbanning of the ANC and other liberation movements and the process of negotiations involving the principal political players in the country. At the time the IFP transformed itself into a political party and launched a vigorous membership drive in Thokoza and other townships in the East Rand. This proved more successful and effective in the hostels. The result was that the hostels became IFP strongholds. All those occupants of the hostels who were either reluctant to join the IFP or were perceived to be ANC supporters were driven out of the hostels. Most of these persons took refuge in the nearby Phola Park informal settlement which was an ANC stronghold like the rest of Thokoza. When these persons returned to the hostels to retrieve their possessions, the hostel dwellers attempted to stop them from doing so. This sparked off raging battles between the hostel dwellers on the one side and the ejected former hostel occupants supported by mainly the Phola Park community on the other side. These battles soon spread and engulfed the entire Thokoza township. It was a characteristic of the battles that it involved large groups of people engaging one another. The IFP group identified itself by wearing red headbands.
The nature of the conflict changed drastically towards the end of 1991 after a period of relative calm during the earlier part of that year. The attacks launched on members of the Thokoza community became more sophisticated and the mass battles gave way to the targeting of individuals. The use of firearms became more prevalent. The turning point was the attack on an IFP march during September 1991, which shattered the relative peace prevailing at the time. The attack was ostensibly launched by Phola Park Self Defence Unit ("SDU") members on a march by the Thokoza IFP branch to the Thokoza Stadium on 8 September 1991. Approximately 22 people were killed and 23 injured in the attack. It subsequently transpired at hearings of the Goldstone Commission of Enquiry that the person who gave the order to attack the IFP marchers was a police agent. The violence appeared to have been orchestrated by sources outside of the contending groupings. The attack led to retaliatory attacks and a general escalation in violence. It is estimated that between 2000 - 3000 people lost their lives in this unfortunate conflict.
According to the evidence, the role played by the police, particularly the Internal Stability Unit ("ISU"), was sinister to say the least. Evidence gathered about the role of the police indicated that there was direct collusion between the police and the IFP. In some instances there was a failure on the part of the police to intervene to stop the conflict and in other instances evidence of police attacking people who were engaged in defending themselves against being attacked.
Since the violence was spiralling and peace efforts failed to solve the problem, the Thokoza community decided that it must arm itself and attend to its own defence. This initiative led to the establishment of SDU's and community structures for controlling the SDU's. The community contributed funds for the purchase of illegal firearms which were allocated to the different SDU's each operating under a commander. Certain sections had their own co-ordinating structures, but the Central Command Structure was charged with the responsibility of supervising and co-ordinating the activities of all SDU's. The conduct of SDU members was strictly circumscribed by a code of conduct which was binding on all SDU's. The main purpose was to ensure disciplined and orderly conduct of SDU members and to avoid abuse of their positions. Although some SDU members did resort to unacceptable behaviour, these control measures were largely successful.
Even though there was initial ambivalence, the Thokoza community and SDU members eventually fully embraced the process of amnesty and in particular the question of reconciliation. Closer to the closing date for submitting amnesty applications there was a rush of SDU members who wished to submit applications. The result was that the day before the closing dat there were well in excess of 150 SDU members wanting to submit applications. All of these persons needed assistance in completing the amnesty application forms and in submitting these applications to the Amnesty Committee. In view of her intimate knowledge of the conflict in Thokoza, Ms Sealy was approached to assist in the preparation of these applications. In view of the nature of the conflict and other logistical constraints it was impossible to submit full applications specifying all of the offences or incidents applied for. In the result, all of the present applications simply contain general references to the conflict in question and the applicant's participation in SDU activities. These applications have, however, been fully substantiated and duly amplified in evidence presented to the Panel regarding the conflict and various incidents concerning the SDU activities.
We now proceed to set out in general the different incidents which form the subject matter of the various amnesty applications, whereafter we will indicate which particular applicants have been involved in such incidents and also set out any other acts committed by each applicant.
The patrolling and barricading of the township streets was one of the defensive acts that the community decided to embark on in the early 1990 period. This was prompted by the escalation of the taxi related violence, that slowly started taking on political dimensions in the wake of the IFP's stated quest to expand its membership base and its influence at a national political level.
Another area of intervention that the communities felt compelled to deal with at this stage was the control of criminal activity by gangs. The community perceived these gangs to be the indirect agents and/or allies of either the State security apparatus and/or agents and allies of third force elements that had started to emerge on the political scene.
It is common cause that not the entire community of Thokoza had agreed on this form of action. However, the majority accepted that unless the youth made efforts to monitor who was coming in and out of the various sections of the township, established what the purpose of their visits was, and questioned them closely if they were found to be carrying weapons of any kind, the criminal activities of gangsters and those of the warring taxi associations would continue to destabilise Thokoza.
Evidence was led that during the period 1990 to 1994, but especially between 1990 and 1992, most of the SDU members who applied for amnesty participated in patrols and barricades. An integral part of their activities was to search residents and confiscate any illegal firearms any person possessed. Such person would be asked if the firearm was licensed, and if no proof of such lawful possession was forthcoming, the culprit would not only loose possession of the firearm, but would most probably also be whipped with a sjambok and assaulted in other ways. The object of this, the SDU members explained, was not only to deter others who might use their illegal firearms against the community, but also to control the influx of firearms and other dangerous weapons into the community by forces inimical to the interests of the residents.
It is therefore common cause that during these patrols and whenever persons were found to be acting contrary to the expectations of the community, they would be assaulted by these self appointed guardians of the community, in the interests of the community.
A number of applicants, who were the acknowledged leaders and elders of the community, gave evidence as to their role in facilitating the smooth running of the SDU's by for example, collecting money for the purchase of firearms, from the residents. They testified that they often attended meetings of one or other structure that assisted the SDU's, discussing the various options available to the community in its resolve to defend itself.
The activities of such persons spanned the whole ambit of co-ordinating the roles of, for example, the Central Command Structure that leaders such as Duma Moses Nkosi, amongst others, was a key member of, with that of the section-based Committee of Seven that the residents of Lusaka A had formed. They further sent particular persons to purchase firearms from Phola Park, which firearms were for the use of SDU's in that particular section. In fact, these firearms came to be known as section firearms, and they would be used by one member, then by another, allocated by the commander of that section. Some of these residents would also store and issue these firearms.
There are those applicants who did not participate in any activity, other than that of transporting SDU activists, for example, to and from funerals. They did this knowing full well that the arms these activists were carrying were not only illegal, but that they had probably been used in a recent exchange of fire with the IFP and/or the ISU. Their role can be likened to that of the persons who provided food and shelter to the SDU activists when they were engaged in their offensive and defensive activities.
Finally, there was the allocation of houses that had been abandoned or where the occupants had been evicted because of their membership or association with the IFP. The applicants who participated in these duties did so on behalf of their structure and under orders of the commander of the SDU. Those houses that were not allocated to new owners (those ANC affiliated residents who had been evicted from an IFP dominated area or had fled in fear of their lives), were allocated for "basing". "Basing" essentially entailed using some of these abandoned houses from which to observe the activities of the opponents of the SDU's, and from which to launch surprise attacks on the IFP and ISU.
Testimony concerning the participation of students who were members of Cosas and residents of Thokoza, was given at the hearing by Jim Jabulane Mpele. He was not a member of any SDU, largely because the SDU structures were only established in 1993. However as Cosas members, there were various campaigns that they as students embarked on. Among these was an anti-crime campaign, aimed at preventing and deterring criminal activity in the community. The de facto situation was that the police were not only ineffective in maintaining law and order, but they were perceived as actively promoting the activities of criminal gangs such as the Bad Boys and the Khumalo gang.
In 1991 the Bad Boys raped one of Mpele's school-mates and killed another. As members of Cosas, Mpele and others decided to find the culprits. They traced two of the Bad Boys gang to a shop in Thokoza where they started assaulting them. The police arrived and the group of students fled with one of the gang members whose name was Zero. They assaulted him further with stones, an iron rod, and other weapons and only stopped when the police once again approached. Though seriously injured, Zero survived the attack.
In a second incident that involved yet another gang that terrorised and harassed the community, Mpele and others once again decided that they had had enough. This time this particular gang had robbed and killed a family of five who owned a tavern at Everest. Cosas members including Mpele, with the assistance of one civic member, eventually traced these gangsters to Sotho section in Thokoza. The three Applicants who participated in this incident were armed with two AK47's and one 9mm pistol. The trio split into two groups, with one Lucky approaching from one side, and Mpele and one Khotso from another side. Lucky reached the gangsters first and shot at them before Mpele and his team-mate, Khotso got there. One of these gangsters was shot and killed in this incident. The trio then decided to find the other gangsters. On their way to one of these gangsters houses, they were involved in a near accident with a police Nyala motor vehicle and were arrested.
Mpele's testimony with regard to whether Cosas had authorised the killing of the gangsters was that they had not received any order from the Cosas structure, nor had they discussed the specific manner in which they as students were going to deal with the problems related to the activities of gangs. This particular act was therefore done as members of Cosas using their own initiative because the ideal opportunity to confront these gangsters had arisen. Their perception was that these gangsters were undermining the political objectives not only of the student movement, but those of their political organisations, the ANC and the SACP. Thus offensive action had to be taken to break the stronghold the gangs had in the community as it was Cosas policy to become involved in the defensive actions.
This portion of the testimony of the Applicants sets out the early beginnings of what became the political conflict that engulfed the East Rand, and in particular Thokoza. Johannes Dingaan Nkosi testified that at the time that he was a student at Lethuthka School, there was rising conflict between two taxi associations. One association consisted of mainly young drivers who were also students. Their rivals, of which one Mr Cebekhulu was a key figure, continually targeted them. It appears that the basis of the conflict was that the younger taxi drivers were making inroads into the business of the older drivers, and the latter reacted to this with violent assaults against the younger drivers and their school-mates.
On one particular Monday when the students were preparing to write exams, Mr Cebekhulu arrived at the school with other members of his faction. These persons were known to be IFP supporters, as was Cebekhulu. The students heard the noise of motor vehicles outside the school. When they went out to see what was going on, they found that Cebekhulu and his associates had surrounded the school in about six taxis. Shots were fired at the school from these taxis. Nkosi and one Themba had brought their AK47's to school in anticipation of an attack. They returned fire, then fled to a nearby cinema where they took shelter. Applicant testified that some of those intruders may have been killed, others possibly injured in the exchange of gun fire.
The Khumalo gang operated in Thokoza largely in the 1991 to 1992 period, and to a lesser extent in 1993. Its leader was one Mbekiseni Khumalo, who was also known as Archbishop as he was a church minister. In the early 1991 period, certain members of the ANC Youth League associated with Khumalo as their mission at the time was to drive criminal elements out of the township. In particular they were in search of one Mugabe, a notorious gangster, who terrorised the community. Khumalo supplied the ANC Youth League members with firearms and ammunition, as they were involved in a joint operation against criminals.
At some stage, however, Khumalo's perception of who the criminals were changed. He started targeting people who wore certain types of clothing as an identifying feature. Many were killed by the Khumalo gang on the basis of the clothing they wore. Disillusioned members of his group left, in particular the ones who were members of the ANC Youth League, and he recruited new members. These disillusioned ANC Youth League members felt that Khumalo was becoming a law unto himself, and preferred to sever ties with him. The trouble was that they failed to return the firearms and ammunition that Khumalo had given them, and this is where the friction between the Khumalo gang and the youth, largely ANC Youth League members, started.
Other members of the ANC Youth League, such as Sipho Steven Ngubane, became embroiled in this new battle, because Khumalo now regarded all of them as the enemy. There were numerous exchanges of gunfire between these two groups. At one stage there was an exchange of shots between Khumalo's son, Mzwakhe, and Ngubane and his comrades. Khumalo and his gang would conduct drive-by shootings. Innocent residents were often the casualties. The police assisted Khumalo and his gang. In fact the perception of the community and in particular that of applicants such as Ngubane was that the police were in partnership with Khumalo, and that more often than not, it was Khumalo who was in charge.
One Vusi Tshabalala, one of the ANC Youth League comrades was gunned down by the Khumalo gang. The person who had shot Vusi was seen in one of Khumalo's kombis, laughing as they passed the dead body of Vusi.
The ANC Youth League decided to strategise and plan the downfall of the Khumalo gang. They planned to bomb Khumalo's house. Unfortunately the first attempt was a failure, as the bomb that was thrown did not explode. The second attempt was successful, as reinforcements from Vosloorus had been called in to assist. One such comrade had an F1 grenade. This grenade was thrown. The house was damaged in the explosion but not destroyed. Khumalo survived the attacks.
Simon Alton Ngwangwa was one of the key figures in Phola Park in the period 1990 to 1994 when political violence and conflict gripped the area. He testified at the hearing and dealt with the early period of the conflict, when he was the Chairperson of the Phola Park branch of the ANC. Attacks on the area by hostel residents were increasing and the community turned to him to assist them in finding a solution to this escalating violence. At a meeting called by Ngwangwa, and under his guidance and leadership, a decision was taken to fight back, to defend the community. The methods to be used were not detailed at that meeting, but the in principle decision to defend was taken unanimously.
Davis Bhendakile Ndwangu was one of the first commanders of the defence structure formed to defend the community. With his assistance and under his command, self-defence units were galvanised into action. Their targets were those men from the nearby hostel, who wore read headbands, wore traditional clothes and carried traditional weapons. These were the people who constantly attacked the Phola Park community, who were not armed. Ndwangu's evidence was that not only did these hostel residents shoot at them, but they were actively assisted by police. It reached a stage where residents slept in the veld, for fear of being attacked while they slept in their shacks and houses, as had happened so often.
He had had enough, and decided to launch an offensive the next time this group attack. He gathered a large group of men and they hid amongst the houses and shacks early one morning before day-break. They knew that the hostel residents attacked from about 5am, and indeed on that morning, well armed, the hostels residents attacked again. This time, however, they had a surprise waiting. The Phola Park SDU emerged from their hiding places and launched a counter attack, driving the hostel residents back into and beyond the hostel they lived in and into the adjacent Thokoza Gardens residential section. When the police saw that the Phola Park residents were winning the battle, they emerged and shot at them until they retreated into the veld.
As it became clearer that the police were assisting the hostel residents, the SDU decided to collect money from the community for the purchase of firearms to enable them to protect and defend themselves. These firearms and the technical assistance that they needed in the use of these firearms they obtained from the Tsonga community that lived with them in Phola Park. The latter seemed to have unlimited access to firearms, especially AK47's. Those Tsongas became key personnel in the SDU's.
One of the major attacks recounted by Ndwangu was that of the 23rd to 24th August 1990. On that day, he testified, IFP members came from Mshayazafe, Khutuza, and Madala hostels, and surrounded Phola Park. They were accompanied by whites on that day, and threw objects that set the shacks alight. All the shacks would have been burnt down, had Ndwangu not found a secret route to launch a counter attack from, using their newly acquired AK47's. The attackers were forced to retreat under the incessant firing of the SDU's. Many had to jump over the shacks they had set alight, and were seriously injured and others burnt to death, as they retreated to the hostels.
Another incident related to a meeting Ndwangu witnessed between the IFP and the police. After the meeting, the IFP members once again shot at the residents. It was after this incident that Ndwangu and others motivated for the destruction of the hostel adjacent to Phola Park (Khalanyoni).
The 11th December 1990 was one of the rare occasions when the SADF assisted the Phola Park residents. On this day, the residents saw a long row of Kombis driving from the Eden Park side of Phola Park, approaching Thokoza. A police hippo motor vehicle passed this convoy, then sped off as the convoy entered the residential area. The SADF and IFP exchanged fire. A few Phola Park residents were injured. Ndwangu testified that had the SADF not assisted them on that day, the majority of the residents would have been killed because they had nowhere to run to, as they had been caught totally unawares.
These attacks continued, as did the counter-attacks from the SDU's whose command structure changed, with criminal elements infiltrating the SDU's. The other negative development was the fact that the sale of firearms became a business venture for some, who sold these purely for financial gain.
Testimony was given concerning the grouping of IFP marchers who appeared to be preparing to attack the township. The residents decided to go attack the hostel residents who had gathered near Slovo section. During this incident a hostel resident who tried to hide behind a pole was caught, assaulted and burnt.
There was also the incident when the Tintwa residents were being attacked. Gunfire was coming from IFP members and the residents had taken shelter at Tshwaragane and Leratadima schools. Lerato Collen Nteo was one of the applicants who participated in driving the IFP out of the area.
There was testimony given concerning the incident at the soccer field bordering Everest and one of the hostels. Reports were received that a large group of hostel residents had gathered, and were about to attack the township. The men of the area were called out to go and confront these intruders. Whilst thinking of how to approach this group of intruders, a police van approached. The police agreed to assist, but as they neared the IFP group, the police got cold feet and sped away, leaving the two groups to confront each other. A fight ensued and two persons were burnt with petrol, amongst other casualties.
A number of incidents took place at Mazibuko/Phenduka. These ranged from fairly minor exchanges with either the IFP hostel residents, or the ISU or both parties. Various applicants related these incidents to the Amnesty Committee, testifying that there were so many incidents, they could not remember all, and there was the possibility that they might be confusing the facts of one incident with another.
One of the major battles fought by SDU units in 1993, involved the participation of units from various sections. The commander at Mandela section had asked these units to come to the assistance of his unit. Musa Msimanga, who was the commander of the SDU at Lusaka A, and his deputy, Sipho Simon Ngubane, were amongst those who testified that they received a message from Bonga, the commander at Mandela, requesting their urgent assistance in repelling the IFP, as the ANC sections, including Mandela section, were at risk. These SDU's duly went to "base" in Bonga's section, which section was bordered by a section of abandoned, burnt houses. Beyond these abandoned houses, which was regarded as a no-go area, were the IFP hostels and houses.
When the support units arrived it was relatively quiet. Bonga pointed out where the IFP units were, how they could be infiltrated, and a general plan of attack was discussed. They were also shown the places where they could seek shelter during battle. In particular, one Mr Mafumbela's house was to be targeted as he was a key figure in the IFP. The units were divided into the covering and operative groups for purposes of the attack. The SDU's advanced towards the battle line and an exchange of fire took place. Shacks were burnt down and others damaged in this exchange. Some of these shacks had occupants who were killed or injured in the attack. Many of those shot at by the covering group were members of the ISU who had arrived during the battle.
Essentially this operation was executed in an effort to maintain the ANC/IFP borders that had come about as a result of the violent conflict in the area. The defensive action at Mazibuko ensured that the residents of Thokoza did not lose any more houses, shops, etc. to the IFP, because each time the IFP attacked the ANC residents would be forced to vacate their houses.
Thozamile Eric Mhlauli testified about another incident that occurred at Mazibuko in 1992. This incident involved the exchange of gunfire between the SDU and the inmates of Mazibuko hostel. They had heard gunshots early that morning and Mhlauli was one of those sent out to inspect where these might be coming from. He testified that he saw women fleeing with babies on their backs. The SDU started shooting towards the point at the hostel where the sound of gunfire was coming from. During this incident a man driving a motor vehicle was kidnapped and the motor vehicle was driven into the hostel. Mhlauli tried to save this man, but to no avail, as he found that he had run out of ammunition.
In what appears to be a different incident in 1992, Mhlauli was once again involved in a shooting match with the residents of the Mazibuko hostel, whose residents were firing towards the adjacent Siluma section, Katlehong. Some hostel residents were firing from inside the hostel, while others were firing from the nearby houses. This battle lasted about 20 minutes. During a lull in the shooting, while Mhlauli and his comrades were taking a break, a police van drove by twice. When it returned, the SDU members fired at it. The police were forced to abandon this vehicle and flee. The vehicle was burnt by the SDU members. Mhlauli's evidence was that they had wanted to kill the policemen because these policemen were regarded as part of the State apparatus that oppressed and harassed them. They were thus regarded as part of the enemy.
In 1993 Mhlauli participated in yet another attack on the Mazibuko hostel, along with the residents of Siluma section, Katlehong. They penetrated the hostel, firing with AK47's. On their way out, they managed to set a section of the hostel on fire.
A further incident was when members of the SDU decided to disrupt a IFP meeting near Mazibuko hostel. They had decided to enter and attack the IFP members inside the hostel. However the ISU was on the scene very quickly, and they were not able to penetrate the hostel. During this incident, one of their comrades, Baba, was fatally shot.
Alpheus Vusimuzi Twala testified that sometime in late 1993 the IFP attacked the Slovo residents, forcing the latter to flee into the adjacent Lusaka B section. The Slovo SDU, of which he was a member, was forced into action, defending the community, using AK47's. This exchange of gunfire continued until the ISU arrived, as well as a support helicopter. The fighting was intense, and lasted about 30 minutes. Many were either killed or injured in this incident.
This incident occurred in April 1994. Sipho Samuel Ngubane testified, amongst others, that he participated in that fight. That morning a fight had broken out at Slovo section, which bordered IFP territory, and was regarded as a soft target for attacks by the IFP. A counter-attack was launched. SDU's from the various sections came into the area to support the offensive. A major battle ensued, leading to the blasting of a large hole in one of the hostel walls. Ngubane and Eddie Phodi Khambule were among those who managed to enter the hostel through that hole, and continue the battle inside that portion of the hostel. The SDU members fled as the ISU arrived. They said that they had to flee because the ISU had a policy of shooting to kill. Whenever they arrived, therefore, the SDU's would retreat under cover of the designated covering group. It was at this incident that a white journalist was fatally shot.
SDU members had a set of photographs depicting IFP members. These were shown to, amongst others, members of the Lusaka A SDU, who recognise one man as a person who frequented the Khumalo house. They found this man at Nkaki Street in Lusaka A, and shot and killed him. Thereafter they were engaged in a battle with the ISU, where again shots were fired and one of the ISU members appeared to have been fatally shot. The applicants were, however, not certain that the latter died of the injuries he sustained.
There was a particular man who was easily identified by the long coat he wore. This man was known to be a member or supporter of the IFP, who was very difficult to kill. The perception that the SDU members had of this man was that even if one shot at him, his coat seemed to absorb all the bullets, and he would not sustain any injury at all. He was known to all of the SDU members as "indoda ye dyasi" - the man with the coat.
Testimony was given of one of the attempts at killing this man. Fanyana Acrony Nhlapo and two of his comrades came across this man at Mdakane Street. They shot at him to no avail. The man simply kept on advancing into Slovo section, shot at three of the SDU members there, and left unscathed.
Mbuso Khambule killed one Lucky Gregory Mkhwanazi. Both were members of the Lusaka A SDU. Mbuso was taken to the SDU office. He was assaulted both before he reached the office and at the office. Various members of the SDU have applied for amnesty in relation to these assaults. Mbuso failed to advance a reason for shooting Lucky at point blank range.
In 1993 the SDU's were informed that there were men coming to Thokoza from KwaZulu Natal. These men had been told by people who lived at the hostels, some of them relatives, that there were jobs for them in the Germiston area. The SDU's were told to be on the look-out for these people, as the fear was that they were being brought in to reinforce the IFP units in the area.
While on patrol, some of the applicants came across one of these recruits. They informed him that they knew where Kwesine hostel was, and that they would take him there. They of course had no intention of doing so. As they proceeded they questioned the man, and on further investigation, found that he was in possession of an IFP membership card. As more SDU members joined the group as it proceeded into the township, the atmosphere changed. The man was assaulted, pelted with stones, then shot and killed.
As the Slovo SDU members were patrolling one day in 1993, they saw an undertaker driving a hearse with a coffin in it. Someone identified that hearse as one carrying the body of an IFP commander. The hearse was stopped, the coffin was hauled out of the hearse, and burnt with the body inside.
The majority of the Lusaka B SDU members had gone to attend a funeral. On instruction Johannes Amos Methula and a few other SDU members had remained to guard the area. At Mjivane Street, the SPU's started to attack. The residents fled for safety. Methula was informed of what was happening, and he took his AK47 and went towards Mjivane Street. At Tshabalala Street the SPU's were burning residents houses. He fired at these intruders and only fled when the ISU arrived on the scene.
Mr Mavuso was a well-known IFP member. He had been involved in the killing of nine SDU members. A community meeting was called to discuss this matter, and a decision was taken to talk to his landlady. She was summoned to the meeting, but refused to attend. As a consequence of her refusal, her house was burnt down. Mavuso left the area.
The Lusaka B SDU's were advised that shacks were being erected at Mjivane Street by some IFP members. They promptly went to the area where they found that three shacks had been erected. They shot at a man who fled the premises, and then they burnt the shacks down with all the furniture still inside.
An attempt to kill one Mr Mdakane of Cartwright in Everest was made on the instruction of the Lusaka B commander. Mr Mdakane saw the intruders first and shot at them. They exchanged fire and then fled having not been successful.
A man known as Mapotrisis, and who was known to be an IFP member, lived in the hostel but also had a shack in Lusaka B. This man used to wear IFP T-shirts and would go about forcing people to join the IFP. A decision was taken that this man should be killed. One day in 1993 he was seen at his shack, collecting some of his goods. He was assaulted and pelted with stones. Some of the group necklaced this man, then fled when the ISU arrived.
A Mr Mazibuko, an IFP member, was targeted by the Lusaka B SDU for his activities. The group of SDU members went to his house at no. 1251 Mhlongo Street, knocked on the door, and when it was opened, fired at the occupants. The group believed that they had killed Mr Mazibuko. It emerged during the hearing that in fact the target, Richard Mazibuko was seriously injured; his brother Infern was killed; his wife Anna was killed and an infant, Nkosana was killed.
The Lusaka B SDU had been informed that there were IFP members at no. 1248 Mjivane Street. They decided to attack this house. About 30 to 40 SDU members were involved in this attack. Among the dead were one Anna Mdlalose and a Tuko Mdlalose.
Oscar, a member of the Khumalo gang, was known to be harassing the late Lucky's sister. Sipho Simon Ngubane and other members of the Lusaka A SDU decided to take steps to stop this harassment. Ngubane took his AK47 and went to the school Oscar attended, knowing that he would find him there. He found Oscar, pointed the gun at him, but testified that Oscar wailed so loudly that he decided to let him go.
Mr Vilakazi was a member of the IFP. He would insult the SDU members. A decision was taken that he should be dealt with. One Sunday a report was received, indicating that Vilakazi appeared to be relocating. The applicants went to Vilakazi's house and indeed found that his motor vehicle was packed with his goods. Another vehicle stood there, and the owner confirmed that Vilakazi had asked him to help him move. The group tried to shoot Vilakazi who fled. They then burnt his motor vehicle and all his property in the vehicle.
This Kombi was attacked early in the morning. Testimony was led as to the identification of this Kombi with the IFP purely on the basis of the route particular taxis used when entering and leaving the township.
IFP members had attacked Slovo section (Lusaka B). They had gone beyond their usual point and had shot at residents in Slovo. The Lusaka B SDU had run out of bullets, and had called on the Lusaka A SDU for assistance. An exchange of fire ensued, in which people were killed and injured.
A Mr Sithole's house and shacks were burnt at no. 1285 Gamede Street. Mr Sithole was a well-known IFP member who would harass members of the community. He would proudly tell the SDU members that he was a member of the IFP, and targeted and killed ANC people.
The Lusaka B commander issued an instruction that the IFP residents of Lusaka B should be evicted. Buli David Gumbi was amongst the group that went to Mr Mathebula's house at Nkaki Street. Mr Mathebula was home, and was shot at and his shack set alight, killing him. The reason for setting Mr Mathebula alight in his shack was that the applicants believed that if his body was not burnt, his family could use it in a ritual to send bad luck to the people who had killed him.
Ben Sikhakhane was attacked because the SDU's believed that he was a member of the IFP. Oscar Msibi and the commander of Lusaka B were amongst those who attacked the shack and its occupants late one night. Sikhakhane survived the attack.
In order to succeed in the application, the applicants should, inter alia, satisfy the Committee that the conduct in question amounts to an act associated with a political objective as defined in the Act. There can be no doubt that the conduct of the applicants in participating in the political conflict in Thokoza was associated with a political objective. They have either acted in their capacity as SDU members (often on direct orders from their commanders) or in furtherance of the decision of the Thokoza community to defend itself against attack and to form SDU's. This was all in furtherance of a struggle against a political foe, regarded at the time as the IFP.
Applicants' actions constituted various offences or delicts for which they can be held liable. It is impractical to catalogue all of such offences and delicts, which is in our view in any event not necessary for present purposes.
6. Amnesty is GRANTED to Mosa Danto Msimang for having commanded the SDU's in the course of clashes with IFP members and issuing instructions that resulted in attacks and injuries on IFP members, and acts of arson and general damage to property belonging to such members.
He is also granted amnesty for any murder or attempted that might occurred during the exchange of gunfire between SDUs and IFP members at Buthelezi Street (1993); Mazibuko Street (1993) and Mshayazafe Hostel (1994).
7. Amnesty is GRANTED to Nicholas Majiki for murder or attempted murder at Nkanki Street of an unknown IFP member whose picture appeared in a photograph depicting IFP members. He is granted amnesty for unlawful possession of firearms and ammunition; barricading and patrolling of streets; and for murder or attempted murder that might have occurred in the course of SDU's clashes with IFP members at Mazibuko Street (1993) and Mshayazafe Hostel (1994).
He is further granted amnesty for murder or attempted murder that might have occurred when SDU members attacked IFP members at Mazibuko Street (1993) and Mshayazafe Hostel (1994). He is also granted amnesty for unlawful possession of firearms and ammunition; for causing public violence by conducting patrols and barricading the streets of Thokoza during the clashes between IFP and SDU members in 1992 - 1994.
He is further granted amnesty for any murder or attempted murder that might have occurred when SDU members attacked IFP members at Mshayazafe Hostel (1994); for unlawful possession of firearms and ammunition; for conducting patrols and barricading the streets and for the murder or attempted murder of an unknown Internal Stability Unit member at Nkanki Street.
10. Amnesty is GRANTED to Michael Feni for unlawful possession of firearms and ammunition; for murder or attempted murder of unknown IFP members at Buthelezi Street; for conducting unlawful patrols and barricading streets; and for forcefully and unlawfully evicting IFP members from their houses at Nkanki Street and allocating same to ANC supporters.
14. Amnesty is GRANTED to Mzwandile Ephraim Mzondo for unlawful possession of three (3) AK47 rifles and ammunition; for arson in respect of a house belonging to a landlady at Thokoza where Mr Mavuso, an IFP member, was a tenant; for any murder or attempted murder of IFP members that might have occurred at Buthelezi Street; for unlawfully and forcefully evicting IFP members at Buthelezi Street; for unlawful possession of unlicensed firearms; and for conducting unlawful patrols and setting up barricades.
16. Amnesty is hereby GRANTED to Lucky Soko for the assault and murder of Mbuso Khambule; for the murder or attempted murder of unknown IFP members at Mshayazafe Hostel (1994); for unlawful possession of firearms and ammunition; and barricading and patrolling the streets.
18. Amnesty is hereby GRANTED to Bongani Victor Radebe for unlawful possession of firearms and ammunition; and his general support to SDU members in their activities and supplying them with such firearms.
19. Carlson Sibuko Dlamini is hereby GRANTED amnesty for arson in respect of the house that was occupied by IFP member, Mr Mavuso; for murder or attempted murder of IFP members at Mshayazafe Hostel (1994) and Buthelezi Street (1993); and unlawful possession of firearms and ammunition.
21. Amnesty is GRANTED to Aaron Jabulani Ngwenya for unlawful possession of firearms and ammunition for members of SDUs which weapons were used in the murder or attempted murder of IFP members. He is further granted amnesty for providing logistical support to SDU members in the course of their clashes with IFP members and any murder or attempted murder of unknown IFP members.
23. Edgar Qoza Mhlophe is GRANTED amnesty for the attempted murder of an unknown IFP member at Mkatizwa School; for murder or attempted murder of IFP members at Buthelezi Street; for the burning of shacks belonging to IFP members at Mjivane Street; and for unlawful possession of firearms and ammunition.
24. Alpheus Maseko is GRANTED amnesty for the attempted murder of an unknown IFP member at Mkatizwa School; for murder or attempted murder of IFP members at Buthelezi Street; for the burning of shacks belonging to IFP members at Mjivane Street and for unlawful possession of firearms and ammunition.
25. Sipho Stephen Ngubane is GRANTED amnesty for unlawful possession of an AK47 rifle and ammunition; for the attempted arson and later successful arson in respect of the house of the IFP member Mr Khumalo; for murder or attempted murder of unknown IFP members at Mshayazafe Hostel (1994); and damage caused to a white E20 minibus belonging to IFP member, Mr Khumalo at Nkanki Street in 1994.
26. Thozamile Eric Mhlawuli is hereby being GRANTED amnesty for unlawful possession of firearms and ammunition; and for burning the house of the IFP member, Mr Khumalo in 1994; for the murder or attempted murder of IFP members at Buyafuthi Hostel and Mshayazafe Hostel (19990 and 1994); and for attempted murder of the security guards at the house of Mr Khumalo when the said homestead was burnt; for attempted murder of members of Internal Instability Unit when they were shot at and their vehicle burnt. He is also GRANTED amnesty for damage to the said police vehicle.
27. Kenneth Vusumzi Mabizela is GRANTED amnesty for unlawful possession of firearms and ammunition; for damage caused to a Kombi of IFP Mr Khumalo; for any murder or attempted murder of unknown IFP members at Buthelezi Street, Mdangani Street and Mshayazafe Hostel. He is also granted amnesty for public violence.
28. Samuel Lehlohonolo Khoza is GRANTED amnesty for unlawful possession of firearms and ammunition; for murder or attempted murder of unknown IFP members at Mshayazafe Hostel (1994) and Mdangani Street.
29. Eddie Phodi Nkambule is GRANTED amnesty for unlawful possession of firearms and ammunition; for murder or attempted murder of IFP members at Mazibuko Street and Mshayazafe Hostel (1994) and for public violence.
30. Leratho Collen Nteo is hereby GRANTED amnesty for the murder of two unknown IFP members at Radebe Street Soccer Field; for assault on Oscar of the Khumalo Gang; for murder or attempted murder of IFP members at Tswaragana Lower Primary School; for unlawful raid of IFP houses at Dube Street and for public violence.
31. Jimmy Jabulane Mpele is GRANTED amnesty for unlawful possession of an AK47 rifle and ammunition; for the murder or attempted murder of Zero, a member of the "Bad Boys"; for perjury and for public violence.
39. Patrick Mphikeleli Zikhali is GRANTED amnesty for the murder of Mapotrus at 1298 Mbele Street; for the murder of an unknown IFP member from Inkandla at Kwesine Industrial Area in 1993, for providing general logistics to SDU members and for public violence.
40. Sibusiso Patrick Coka is GRANTED amnesty for arson in respect of house number 1248 Mjivane Street; for the murder of Anne Mdlalose and Duku Mdlalose at 1248 Mjivane Street; for unlawful possession of a firearm and ammunition; and for public violence.
41. Wilfred Tebo Miya is GRANTED amnesty for the murder of an unknown IFP member from Inkandla at Kwesine Industrial Area; for the murder of an IFP member, Mapotrus, at Mbhele Street in 1993; for providing general support and logistics for SDU members; and for unlawful possession of a .38 Spanish Revolver and ammunition during 1993.
42. Cyril Ndlondlo Bongani Khumalo is GRANTED amnesty for the murder of an unknown IFP member from Inkandla at Kwesine Industrial Area in 1993; for the murder of an IFP member, Mapotrus, at Mbhele Street in 1993; for the murder or attempted murder of IFP members at Mshayazafe Hostel in 1994 and for unlawful possession of a 9mm pistol and ammunition.
43. Sakkie Sakhele Maseko is GRANTED amnesty for the murder or attempted murder of IFP Self Protection Unit members at Buthelezi Street in 1993 and for unlawful possession of an AK47 rifle and ammunition.
are GRANTED amnesty for unlawful possession of AK47 rifles and a number of firearms and ammunition; and for obstructing the police in the performance of their duties.
49. Fanyana Potong Nhlapo is hereby GRANTED amnesty for murder or attempted murder of unknown IFP members at Mazibuko Street, Mshayazafe Hostel (1994) and Buthelezi Street; for unlawful possession of an AK47 rifle and ammunition; and for public violence.
50. Mzikayise Tshabalala is hereby GRANTED amnesty for murder or attempted murder of unknown IFP members at Buthelezi Street, Mazibuko Street and Mshayazafe Hostel (1994); for unlawful possession of an AK47 rifle and ammunition; and for public violence.
51. James Somphele Masoka is hereby GRANTED amnesty for murder or attempted murder of unknown IFP members at Buthelezi Street, Mazibuko Street and Mshayazafe Hostel (1994); for unlawful possession of an AK47 rifle and ammunition; and for public violence.
52. Thulani Mahlangu is GRANTED amnesty for unlawful possession of an AK47 rifle and ammunition; for murder or attempted murder of unknown IFP members at Buthelezi Street; Mazibuko Street and Levisa, an IFP member, at Mkwayi Street and for public violence.
53. Siphiwe Madondo is GRANTED amnesty for the murder of an unknown IFP member from Inkandla at Kwesine Industrial Area; and for the burning of the vehicle transporting a coffin with the body of an IFP member at Slovo Section in 1993.
54. Johannes Amos Methula is GRANTED amnesty for unlawful possession of an AK47 and ammunition; for patrolling and barricading the streets and for murder or attempted murder of unknown IFP Self Protection Unit members at Mjivane Street.
55. Alpheus Vusumzi Twala is GRANTED amnesty for unlawful possession of an AK47 rifle and ammunition; for murder or attempted murder of unknown IFP members at Buthelezi Street and for public violence.
56. Johannes Dingane Nkosi is GRANTED amnesty for arson in respect of a house at Gamede Street belonging to one Mr Sithole of IFP; for murder or attempted murder at Lethuthuka Senior Secondary School of unknown taximen affiliated to IFP; for unlawful possession of an AK47 and ammunition; and for public violence.
57. Ebenezer Monwabisi Mhambi is GRANTED amnesty for unlawful possession of an AK47 rifle and ammunition; for public violence; for murder or attempted murder at Lethuthuka Senior Secondary School of unknown taximen affiliated to IFP; for the murder or attempted murder of Levisa, an IFP member, at Mkwayi Street for the murder or attempted murder of unknown IFP members at Mshayazafe Hostel (1994) and for public violence.
58. Siphiwe Ndlovu is GRANTED amnesty for unlawful possession of an R4 rifle and ammunition; for public violence; for the murder or attempted murder at Lethuthuka Senior Secondary School of unknown taximen affiliated to IFP; for murder or attempted murder of IFP members in a taxi at Khumalo Street; for murder or attempted murder of unknown IFP members at Dube Street.
59. Bekumuzi Immanuel Tshabalala is GRANTED amnesty for unlawful possession of an AK47 rifle and ammunition; for murder or attempted murder of unknown IFP members at Buthelezi Street, Mazibuko street and Mshayazafe Hostel (1994) and for public violence.
60. Goodman Mondli Motaung is GRANTED amnesty for unlawful possession of an AK47 rifle and ammunition; for public violence; and for murder or attempted murder of unknown IFP members at Dube Street and Mshayazafe Hostel (1994).
In terms of Section 22(1) of the Act, we hereby declare victims, the dependants of the various deceased persons and those who were injured in the course of the conflict between the ANC and the IFP in the East Rand. Advocate Andre Steenkamp the Evidence Leader will furnish the Reparation and Rehabilitation Co-ordinator with particulars, where possible, concerning these people.